Generating Renewal, Opportunity, and Work with Accelerated Mobility, Efficiency, and Rebuilding of Infrastructure and Communities throughout America Act or the GROW AMERICA Act - Prescribes requirements for environmental reviews with respect to state and federal agency engagement, obstruction of navigation, historic sites, categorical exclusion of multimodal projects from environmental review, and creation in the Office of the Secretary of Transportation (DOT) of an Interagency Infrastructure Permitting Improvement Center.
Directs the Secretary to establish a multimodal freight incentive grant program and a National Freight Infrastructure Program.
Redesignates the Dwight D. Eisenhower System of Interstate and Defense Highways as the National Highway System and the National Freight Network.
Requires the federal long-range transportation plan to include a transportation system resilience assessment.
Prescribes criteria for high performing metropolitan planning organizations (MPOs) representing urbanized areas with populations of over 200,000.
Removes the congestion management process from the transportation planning process for MPOs.
Directs the Secretary to establish a pilot program for up to 10 MPOs to improve multimodal connectivity and increase connections for disadvantaged Americans and neighborhoods with limited transportation options.
Revises requirements with respect to congestion mitigation and air quality improvement, including electric vehicle charging stations and commercial motor vehicle anti-idling facilities in rest areas along the Interstate System.
Establishes in the DOT: (1) a discretionary TIGER Infrastructure Grant Program for various transportation projects; and (2) a discretionary FAST Grant Program to reform the way surface transportation investments and decisions are made, implemented, and funded to achieve national transportation outcomes.
Revises requirements for the funding of railroad rehabilitation and improvement financing, the state infrastructure bank program, toll roads, bridges, tunnels, and ferries.
Reauthorizes the federal-aid highway and related programs through FY2018, including revised obligation limitation and apportionment requirements.
Directs the Secretary to:
Federal Public Transportation Act of 2014 - Revises requirements for formula grants for enhanced mobility and for public transportation on Indian reservations, workforce development programs, and the public transportation safety program.
Requires recipients of transportation assistance to meet certain standards for hiring locally.
Reauthorizations specified public transportation assistance programs through FY2018.
Authorizes the Secretary to make competitive grants to state and local governmental entities for bus rapid transit projects.
Authorizes appropriations for specified highway safety programs through FY2018, and revises related requirements.
Revises criteria for state graduated driver licensing incentive grants.
Adds a 24-7 sobriety program to criteria for state repeat offender and open container laws.
Authorizes specified amounts of grant funds to states for distracted driving enforcement.
Authorizes appropriations for specified motor vehicle safety programs through FY2018, and increases penalties for safety violations.
Revises specified requirements for commercial motor vehicle and commercial driver safety.
Requires disqualification to operate a commercial motor vehicle for anyone who fails to pay an assessed civil penalty for a motor vehicle safety violation.
Revises certain medical and registration requirements for commercial motor vehicle operators.
Revises requirements for the Motor Carrier Safety Assistance Program.
Directs the Secretary to administer a High Priority Program, an innovative technology deployment grant program, and a Commercial Motor Vehicle Operators Grant Program.
Authorizes the Secretary to establish: (1) a motor carrier safety facility working capital fund, and (2) a financial assistance program for commercial driver's license program implementation.
Directs the Secretary to maintain for the Federal Motor Carrier Safety Administration a motor carrier safety advisory committee.
Revises requirements for the Unified Carrier Registration System plan.
Repeals the authorization for self-insurance by motor carriers.
Prescribes notice requirements relating to decisions that electronic logging devices fail to comply with standards.
Authorizes the Secretary to issue regulations: (1) governing contractors that exercise control over motor carrier operations; and (2) requiring motor vehicle employers to track and compensate employees for on-duty, not-driving time.
Authorizes the Secretary, with respect to unsafe conditions or practices in the transportation of hazardous materials (hazmat transportation), to order necessary: (1) operational controls, restrictions, and prohibitions without prior notice or an opportunity for a hearing; and (2) removal, remediation, or disposal of hazardous materials causing unreasonable risk of death, personal injury, or significant harm to the property or the environment.
Authorizes the Secretary to collect reasonable fees for the administration of the special permits and approvals programs for deposit into a Hazardous Materials Approvals and Permits Fund.
Revises requirements for planning and training grants under the Emergency Planning and Community Right-To-Know Act of 1986.
Reauthorizes the program for regulating hazmat transportation through FY2018.
Amends the Internal Revenue Code to extend through FY2020 specified highway-related taxes as well as requirements for expenditures from the Sport Fish Restoration and Boating Trust Fund.
Replaces the Highway Trust Fund with a Transportation Trust Fund, and authorizes appropriations to it through FY2018.
Directs the Sectary to establish and support a National Cooperative Freight Transportation Research Program and a Priority Multimodal Research Program.
Revises the competitive selection process for the university transportation centers consortia program.
Requires the Director of the Bureau of Transportation Statistics (BTS) to create datasets and data analysis tools for intermodal transportation data.
Establishes in the BTS a National Transportation Library.
Authorizes the BTS Director to establish a Port Performance Statistics Program to provide nationally consistent measures of performance of the nation's maritime ports.
Revises requirements for the intelligent transportation system (ITS) program.
Prescribes requirements for the use of funds to develop ITS infrastructure, equipment, and systems.
Rail for America Act - Directs the Secretary to facilitate by financial assistance the establishment of a National High-Performance Rail System of integrated passenger and freight rail services, including a Current Passenger Rail Service Program and a Rail Service Improvement Program.
Authorizes appropriations through FY2018 for the System and for the planning, development, construction, and implementation of rail corridors and related infrastructure improvements.
Requires Amtrak to submit to the Secretary draft 5-year business line plans and draft 5-year capital asset plans.
Authorizes the Secretary to establish Regional Rail Development Authorities, including a Regional Committee, to facilitate the development of multi-state high-performance rail services, and to coordinate these investments with other rail, transit, highway, and aviation system services.
Prescribes requirements for the standardization of passenger equipment and level-entry boarding platforms.
Directs the Secretary to:
Requires the Secretary to complete a National Rail Development Plan meeting certain criteria, and facilitate development of Regional Rail Development Plans.
Authorizes the Secretary to prescribe regulations or issue orders to require host railroads for joint operations that occur within a small geographic area to develop unified rules governing all operations within that area.
Revises or prescribes requirements relating to positive train control, hours of service, maximum employee duty hours, safety appliances, locomotive inspections, noise emission standards, and damaged track inspection equipment.
Authorizes federal agency heads to construct, install, operate, and maintain electric charging infrastructure for official agency vehicles.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4834 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4834
To authorize highway infrastructure and safety, transit, motor carrier,
rail, and other surface transportation programs, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2014
Mr. Petri (for himself and Ms. Norton) (both by request): introduced
the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committees on
Energy and Commerce, Ways and Means, Science, Space, and Technology,
Natural Resources, Oversight and Government Reform, the Budget, and
Rules, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize highway infrastructure and safety, transit, motor carrier,
rail, and other surface transportation programs, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Generating
Renewal, Opportunity, and Work with Accelerated Mobility, Efficiency,
and Rebuilding of Infrastructure and Communities throughout America
Act'' or the ``GROW AMERICA Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Effective date.
TITLE I--TRANSPORTATION INFRASTRUCTURE INITIATIVES
Subtitle A--Increasing Efficiency in Project Delivery
Sec. 1001. Improving State and Federal agency engagement in
environmental reviews.
Sec. 1002. Environmental review alignment and reform.
Sec. 1003. Improving collaboration for accelerated decisionmaking.
Sec. 1004. Unreasonable obstruction of navigation determination.
Sec. 1005. Satisfaction of requirements for certain historic sites.
Sec. 1006. Rail and transit exemption from consideration under section
4(f).
Sec. 1007. Multimodal categorical exclusions.
Sec. 1008. Improving transparency in environmental reviews.
Sec. 1009. Infrastructure permitting improvement center.
Sec. 1010. Clarification of transportation environmental authorities.
Sec. 1011. Advance acquisition.
Sec. 1012. Bridge exemption from consideration under section 4(f).
Subtitle B--Freight Policy and Financing
Sec. 1101. Multimodal freight investment program.
Sec. 1102. Redesignation of the national network.
Subtitle C--Planning
Sec. 1201. Transportation system resilience assessment.
Sec. 1202. Consolidated and high performing metropolitan planning
organizations.
Sec. 1203. Participation of public port authorities.
Sec. 1204. Strengthening the statewide and nonmetropolitan planning
process.
Sec. 1205. Removal of the congestion management process.
Sec. 1206. Public involvement in plan development.
Sec. 1207. Connection to opportunities national goal and potential
performance measure.
Sec. 1208. Workforce development.
Sec. 1209. Measuring transportation connectivity pilot activities.
Sec. 1210. Performance-based project selection.
Sec. 1211. Stormwater planning.
Subtitle D--Congestion Mitigation and Air Quality Improvement
Sec. 1301. Eligible projects.
Sec. 1302. Special rules.
Sec. 1303. Priority consideration.
Sec. 1304. Evaluation and assessment of projects.
Sec. 1305. Electric vehicle charging stations and commercial motor
vehicle anti-idling facilities in rest
areas.
Subtitle E--Innovative Finance and Tolling
Sec. 1401. 21st century infrastructure investments.
Sec. 1402. Transportation Infrastructure Finance and Innovation Act of
1998 amendments.
Sec. 1403. Railroad rehabilitation and improvement financing.
Sec. 1404. State infrastructure bank program.
Sec. 1405. Toll roads, bridges, tunnels, and ferries.
Sec. 1406. Tax-exempt financing for qualified surface transportation
projects.
Sec. 1407. Pay for success.
TITLE II--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 2001. Authorization of appropriations.
Sec. 2002. Obligation limitation.
Sec. 2003. Apportionment.
Sec. 2004. Federal lands transportation program.
Sec. 2005. Emergency relief for federally owned roads.
Sec. 2006. Tribal high priority projects program and tribal
transportation program amendments.
Sec. 2007. Federal lands access program Federal share.
Sec. 2008. Nationally significant Federal lands and tribal projects
program.
Sec. 2009. Federal lands programmatic activities.
Sec. 2010. Bridges requiring closure or load restrictions.
Sec. 2011. Broadband infrastructure deployment.
Sec. 2012. Critical immediate investments program.
Sec. 2013. Appalachian development highway system.
Subtitle B--Performance Management
Sec. 2101. Performance management data support program.
Sec. 2102. Performance period adjustment.
Sec. 2103. Multimodal accommodations.
Subtitle C--Improved Federal Stewardship
Sec. 2201. Project approval and oversight.
Subtitle D--Other
Sec. 2301. Letting of contracts.
Sec. 2302. Construction of ferry boats and ferry terminal facilities.
Sec. 2303. Green stormwater infrastructure.
Sec. 2304. Elimination or modification of certain FHWA reporting
requirements.
TITLE III--PUBLIC TRANSPORTATION
Sec. 3001. Short title; amendments to title 49, United States Code.
Sec. 3002. Definitions.
Sec. 3003. Formula grants for enhanced mobility.
Sec. 3004. Formula grants for public transportation on Indian
reservations.
Sec. 3005. Workforce development programs.
Sec. 3006. General provisions.
Sec. 3007. Public transportation local hiring.
Sec. 3008. Public transportation safety program.
Sec. 3009. Authorizations.
Sec. 3010. Bus and bus facilities program.
Sec. 3011. Rapid growth area transit program.
Sec. 3012. Technical corrections.
Sec. 3013. Technical corrections of title II, division B, of MAP-21.
Sec. 3014. Elimination of FTA annual research reporting requirement.
TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A--Traffic Safety
Sec. 4001. Authorization of appropriations.
Sec. 4002. Highway safety programs.
Sec. 4003. Amendment to section 405 national priority safety programs
transfer authority.
Sec. 4004. Amendment to motorcyclist safety grant criteria.
Sec. 4005. Amendment to graduated driver licensing incentive grant
criteria.
Sec. 4006. Amendment to ignition interlock grant criteria.
Sec. 4007. Amendment to repeat offender and open container criteria.
Sec. 4008. Amendment to distracted driving grant criteria.
Sec. 4009. Streamlining of national priority safety programs.
Sec. 4010. Amendment to highway research and development.
Subtitle B--Motor Vehicle Safety
Sec. 4101. Authorization of appropriations.
Sec. 4102. Recall obligations under bankruptcy.
Sec. 4103. Prohibition on rendering safety elements inoperative.
Sec. 4104. Cooperation with foreign governments.
Sec. 4105. Functional safety process.
Sec. 4106. Notification of defect or noncompliance and imminent hazard
authority.
Sec. 4107. Amendment to judicial review provisions.
Sec. 4108. Inspection authority under automobile fuel economy statute.
Sec. 4109. Recall authority over rental car companies and used car
dealers.
Sec. 4110. Civil penalties.
Sec. 4111. Technical corrections to the Motor Vehicle and Highway
Safety Improvement Act of 2012.
TITLE V--MOTOR CARRIER SAFETY PROGRAM
Sec. 5001. Amendment of title 49, United States Code.
Subtitle A--Commercial Motor Vehicle Safety
Sec. 5101. Commercial motor vehicle defined.
Sec. 5102. Motor carrier operations affecting interstate commerce.
Sec. 5103. Bus rentals and definition of employer.
Sec. 5104. High-risk carrier reviews.
Sec. 5105. New entrant safety audits.
Sec. 5106. Imminent hazard actions.
Sec. 5107. International commerce transported on highways through the
United States.
Subtitle B--Driver Safety Provisions
Sec. 5201. Commercial driver's license requirements.
Sec. 5202. Disqualifications based on non-commercial motor vehicle
operations.
Sec. 5203. Recording of Federal disqualifications on CDLIS.
Sec. 5204. Failure to pay civil penalty as a disqualifying offense.
Sec. 5205. Controlled substance violations.
Subtitle C--Medical and Registration Provisions
Sec. 5301. Effect of driving on commercial motor vehicle operators.
Sec. 5302. Jurisdiction over brokers of motor carriers of passengers.
Sec. 5303. Revocation or suspension of registration.
Sec. 5304. Revocation of registration for failure to respond to
subpoena.
Sec. 5305. Lapse of required financial security; suspension of
registration.
Subtitle D--Grants and Authorizations
Sec. 5401. FMCSA financial assistance programs.
Subtitle E--Miscellaneous
Sec. 5501. Motor carrier safety advisory committee.
Sec. 5502. Unified carrier registration plan.
Sec. 5503. Self-insurance for motor carriers repealed.
Sec. 5504. Electronic logging device recall authority.
Sec. 5505. Repeal of motor carrier financial reporting requirement.
Sec. 5506. Contractors exercising operational control over motor
carrier operations.
Sec. 5507. Driver compensation.
Sec. 5508. Civil enforcement authority.
Sec. 5509. Criminal penalties.
Sec. 5510. Penalties for violations of out-of-service orders.
Sec. 5511. Technical corrections.
Sec. 5512. Audits and compliance investigations of Mexico-domiciled
motor carriers.
Sec. 5513. Administrative adjudication of violations of commercial
regulations and statutes.
Sec. 5514. Access to national driver register.
Sec. 5515. Elimination of certain FMCSA reporting requirements.
TITLE VI--HAZARDOUS MATERIAL TRANSPORTATION SAFETY
Sec. 6001. Amendment of title 49, United States Code.
Sec. 6002. Emergency operational controls.
Sec. 6003. Enhanced registration requirements.
Sec. 6004. User fees for special permits.
Sec. 6005. National emergency and disaster response.
Sec. 6006. Enhanced reporting.
Sec. 6007. Improving publication of special permits.
Sec. 6008. Hazard abatement authority.
Sec. 6009. Inspection of non-domestic entities.
Sec. 6010. Improving the effectiveness of the HMEP grant program.
Sec. 6011. Civil penalty.
Sec. 6012. General duty.
Sec. 6013. Authorization of appropriations.
Sec. 6014. Elimination of certain PHMSA reporting requirements.
TITLE VII--AMENDMENTS TO THE INTERNAL REVENUE CODE
Sec. 7001. Amendment of 1986 Code.
Sec. 7002. Extension of highway-related taxes.
Sec. 7003. Extension of provisions related to the Sport Fish
Restoration and Boating Trust Fund.
Sec. 7004. Transportation Trust Fund.
Sec. 7005. Effective date.
TITLE VIII--RESEARCH
Subtitle A--Funding
Sec. 8001. Authorization of appropriations.
Subtitle B--Research, Technology, and Education
Sec. 8101. National Cooperative Freight Transportation Research
Program.
Sec. 8102. Competitive University Transportation Centers Consortia
Program.
Sec. 8103. Priority Multimodal Research Program.
Sec. 8104. Bureau of Transportation Statistics.
Sec. 8105. ITS goals and purposes.
Sec. 8106. ITS general authorities and requirements.
Sec. 8107. ITS national architecture and standards.
Sec. 8108. Vehicle-to-vehicle and vehicle-to-infrastructure
communications systems deployment.
Sec. 8109. Infrastructure development.
Sec. 8110. Departmental research programs; conforming amendments.
Sec. 8111. Office of Intermodalism.
Sec. 8112. Cooperation with Federal and State agencies and foreign
countries.
TITLE IX--RAIL SAFETY, RELIABILITY, AND EFFICIENCY
Sec. 9001. Short title; amendment of title 49, United States Code.
Subtitle A--National High-Performance Rail System
Sec. 9101. Purpose and objectives.
Sec. 9102. Grant programs.
Sec. 9103. Amtrak 5-year business planning.
Sec. 9104. Clarification of grant conditions.
Sec. 9105. Research and development.
Sec. 9106. Miscellaneous revisions.
Subtitle B--Policy
Sec. 9201. Regional rail development authorities.
Sec. 9202. Northeast Corridor Infrastructure and Operations Advisory
Commission.
Sec. 9203. Standardization of passenger equipment and platforms.
Sec. 9204. Next Generation Equipment Committee.
Sec. 9206. Rail passenger transportation liability and mandatory
coverage.
Sec. 9207. Shared-use study.
Sec. 9208. Disadvantaged business enterprises; disparity and
availability study.
Subtitle C--Planning
Sec. 9301. National and regional rail planning.
Sec. 9302. State rail plans.
Subtitle D--Safety Improvements
Sec. 9401. Requirement for uniform operating rules.
Sec. 9402. Positive train control.
Sec. 9403. Hours of service reform.
Sec. 9404. Amendments to the safety appliance law.
Sec. 9405. Amendments to the locomotive inspection law.
Sec. 9406. Technical amendment to the provision on protection of
railroad safety risk reduction program
information.
Sec. 9407. Noise emission standards.
Sec. 9408. Technical amendment to chapter 201 general civil penalty
provision.
Sec. 9409. Miscellaneous authorization of appropriations.
Sec. 9410. Repair and replacement of damaged track inspection
equipment.
Subtitle E--Miscellaneous Revisions and Technical Corrections
Sec. 9501. Authorization of appropriations.
Sec. 9502. Technical corrections to the Rail Safety Improvement Act of
2008.
Sec. 9503. Technical correction to introductory text of Public Law 110-
432.
Sec. 9504. Technical corrections to uncodified provisions of division A
of Public Law 110-432, the Rail Safety
Improvement Act of 2008.
Sec. 9505. Technical corrections to provisions of the hours of service
laws and related civil penalty provision.
Sec. 9506. Elimination of certain FRA reporting requirements.
TITLE X--MISCELLANEOUS
Sec. 10001. Consideration of travel and tourism in award of financial
assistance.
Sec. 10002. Electronic reports and report modification.
Sec. 10003. Amendment of Federal Aid in Sport Fish Restoration Act.
Sec. 10004. Amendments to chapter 537 of title 46.
Sec. 10005. Government-wide authority for electric charging
infrastructure at no cost to the taxpayer.
TITLE XI--BUDGETARY INTERPRETATIONS AND TREATMENTS
Sec. 11001. Amounts in this Act.
Sec. 11002. Direct or mandatory spending.
Sec. 11003. Treatment for statutory PAYGO and related purposes.
Sec. 11004. Scoring of changes in contract authority in appropriations
Acts.
Sec. 11005. Scoring of changes in obligation limits in appropriations
Acts.
Sec. 11006. Scoring of transfers between the general fund and the
Transportation Trust Fund.
Sec. 11007. Special rule.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Department.--The term ``Department'' means the
Department of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. EFFECTIVE DATE.
Except as otherwise provided, this Act, and the amendments made by
this Act, shall take effect on October 1, 2014.
TITLE I--TRANSPORTATION INFRASTRUCTURE INITIATIVES
Subtitle A--Increasing Efficiency in Project Delivery
SEC. 1001. IMPROVING STATE AND FEDERAL AGENCY ENGAGEMENT IN
ENVIRONMENTAL REVIEWS.
(a) In General.--Title 49, United States Code, is amended by
inserting after section 306 the following:
``SEC. 307. IMPROVING STATE AND FEDERAL AGENCY ENGAGEMENT IN
ENVIRONMENTAL REVIEWS.
``(a) In General.--A public entity receiving financial assistance
from the Department of Transportation for one or more projects or for a
program of projects, may request that the Secretary allow the public
entity to provide funds to Federal agencies, including the Department
of Transportation, State agencies, and Indian tribes participating in
the environmental planning and review process for the project,
projects, or program. The funds may be provided only to support
activities that directly and meaningfully contribute to expediting and
improving permitting and review processes, including planning, approval
and consultation processes for the project, projects, or program.
``(b) Activities Eligible for Funding.--Activities for which funds
may be provided under subsection (a) include transportation planning
activities that precede the initiation of the environmental review
process, activities directly related to the environmental review
process, dedicated staffing, training of agency personnel, information
gathering and mapping, and development of programmatic agreements.
``(c) Amounts.--Requests under subsection (a) may be approved only
for the additional amounts that the Secretary determines are necessary
for the Federal agencies, State agencies, or Indian tribes
participating in the environmental review process to timely conduct
their review.
``(d) Agreements.--Prior to providing funds approved by the
Secretary for dedicated staffing at an affected Federal agency under
subsection (a), the affected Federal agency and the requesting public
entity shall enter into an agreement that establishes a process to
identify projects or priorities to be addressed by the use of the
funds.
``(e) Existing Authority.--Nothing in this section shall be
construed as conflicting with the provisions of section 139(j) of title
23.''.
(b) Conforming Amendment.--The analysis of chapter 3 of title 49,
United States Code, is amended by inserting after the item relating to
section 306 the following:
``307. Improving State and Federal agency engagement in environmental
reviews''.
SEC. 1002. ENVIRONMENTAL REVIEW ALIGNMENT AND REFORM.
(a) In General.--Title 49, United States Code, is amended by
inserting after section 309 the following:
``SEC. 310. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS.
``(a) Coordinated and Concurrent Environmental Reviews.--Within one
year of the date of enactment of GROW AMERICA Act, the Department of
Transportation, in coordination with the Steering Committee, shall
develop a coordinated and concurrent environmental review and
permitting process for transportation projects when initiating an
environmental impact statement under the National Environmental Policy
Act (42 U.S.C. 4321 et seq.) (referred to as `NEPA' in this section).
This coordinated and concurrent environmental review and permitting
process shall--
``(1) ensure that the Department of Transportation and
agencies of jurisdiction possess sufficient information early
in the review process to determine a statement of a
transportation project's purpose and need and range of
alternatives for analysis that the lead agency and agencies of
jurisdiction will rely upon for concurrent environmental
reviews and permitting decisions required for the proposed
project;
``(2) achieve early concurrence or issue resolution during
the NEPA scoping process on the Department of Transportation's
statement of a project's purpose and need and during
development of the environmental impact statement on the range
of alternatives for analysis that the lead agency and agencies
of jurisdiction will rely upon for concurrent environmental
reviews and permitting decisions required for the proposed
project absent circumstances that require reconsideration in
order to meet an agency of jurisdiction's obligations under
statute or Executive order; and
``(3) achieve concurrence or issue resolution in an
expedited manner if circumstances arise that require a
reconsideration of the purpose and need or range of
alternatives considered during any Federal agency's
environmental or permitting review in order to meet an agency
of jurisdiction's obligations under statute or Executive order.
``(b) Environmental Checklist.--The Secretary and Federal Agencies
of jurisdiction likely to have substantive review or approval
responsibilities on transportation projects shall, within 90 days of
the date of enactment of GROW AMERICA Act, jointly develop a checklist
to help project sponsors identify potential natural, cultural, and
historic resources in the area of a proposed project. The purpose of
the checklist is to--
``(1) identify agencies of jurisdiction and cooperating
agencies,
``(2) develop the information needed for the purpose and
need and alternatives for analysis; and
``(3) improve interagency collaboration to help expedite
the permitting process for the lead agency and agencies of
jurisdiction.
``(c) Interagency Collaboration.--Consistent with Federal
environmental statutes and the priority reform actions for Federal
agency permitting and reviews defined and identified by the Steering
Committee described in section 1009, the Secretary shall facilitate
annual interagency collaboration sessions at the appropriate
jurisdictional level to coordinate business plans and facilitate
coordination of workload planning and workforce management. This
engagement shall also ensure agency staff is fully engaged and
utilizing the flexibility of existing regulations, policies, and
guidance and identifying additional actions to facilitate high quality,
efficient, and targeted environmental reviews and permitting decisions.
These sessions and the interagency collaborations they generate shall
also focus on how to work with State and local transportation entities
to improve project planning, siting, and application quality and how to
consult and coordinate with relevant stakeholders and Federal, Tribal,
State, and local representatives early in permitting processes.
``(d) Performance Measurement.--Within one year of the date of
enactment of GROW AMERICA Act, the Department of Transportation, in
coordination with the Steering Committee, shall establish a program to
measure and report on progress towards aligning Federal reviews as
outlined in this section.''.
(b) Conforming Amendment.--The analysis of subchapter I of chapter
3 of title 49, United States Code, is amended by adding at the end the
following:
``310. Aligning Federal environmental reviews''.
SEC. 1003. IMPROVING COLLABORATION FOR ACCELERATED DECISIONMAKING.
Section 139(h) of title 23, United States Code, is amended--
(1) in paragraph (5)(A)(ii)(I), by inserting ``, including
modifications to the project schedule'' after ``review
process''; and
(2) in paragraph (6)(B), by striking clause (ii) and
inserting the following:
``(ii) Description of date.--The date
referred to in clause (i) is one of the
following:
``(I) The date that is 30 days
after the date for rendering a decision
as set in the project schedule created
pursuant to paragraph (g)(1)(B) of this
section.
``(II) If no schedule exists, the
later of--
``(aa) the date that is 180
days after the date on which an
application for the permit,
license or approval is
complete; or
``(bb) the date that is 180
days after the date on which
the Federal lead agency issues
a decision on the project under
the National Environmental
Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(III) A modified date consistent
with subsection (g)(1)(D) of this
section.''.
SEC. 1004. UNREASONABLE OBSTRUCTION OF NAVIGATION DETERMINATION.
(a) Bridge Act of 1906.--Section 4 of the Bridge Act of 1906 (33
U.S.C. 494) is amended--
(1) by designating the existing text as subsection (a); and
(2) by inserting at the end the following:
``(b) When determining whether a bridge unreasonably obstructs the
free navigation of the waters over which it is constructed, the
Secretary shall, for projects that are funded under title 23 or title
49, United States Code, consider--
``(1) the necessities of rail, aviation, transit, and
highway traffic; and
``(2) construction, maintenance, and operation costs of the
proposed bridge.''.
(b) General Bridge Act of 1946.--Section 502 of the General Bridge
Act of 1946 (33 U.S.C. 525) is amended by inserting at the end the
following:
``(d) Unreasonable Obstruction of Navigation Determination.--When
determining whether a bridge unreasonably obstructs the free navigation
of the waters over which it is constructed, the Secretary shall, for
projects that are funded under title 23 or title 49, United States
Code, consider--
``(1) the necessities of rail, aviation, transit, and
highway traffic; and
``(2) construction, maintenance, and operation costs of the
proposed bridge.''.
SEC. 1005. SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC SITES.
(a) Title 23 Amendment.--Section 138 of title 23, United States
Code, is amended by adding at the end the following:
``(c) Satisfaction of Requirements for Certain Historic Sites.--
``(1) In general.--The Secretary shall seek to align the
requirements of this section with the requirements of the
National Environmental Policy Act (42 U.S.C. 4231 et seq.)
(NEPA), section 106 of the National Historic Preservation Act
(16 U.S.C. 470f) (referred to as section 106 in this section),
and their implementing regulations and will coordinate with the
Department of the Interior and the Advisory Council on Historic
Preservation to establish procedures that will satisfy the
requirements of both within 90 days of enactment of GROW
AMERICA Act.
``(2) Avoidance alternative analysis.--If, in an analysis
required under NEPA the Secretary determines that there is no
feasible or prudent alternative to avoid a use of an historic
site, the Secretary may include the Secretary's determination
in the NEPA analysis and notify the applicable State historic
preservation officer, tribal historic preservation officer, the
Advisory Council on Historic Preservation (if the Council is
participating in the section 106 consultation process), and the
Secretary of the Interior of such findings and request
concurrence that such determination is sufficient to satisfy
(a)(1). If the applicable preservation officer, the Council,
and the Secretary of the Interior concur, no further analysis
under (a)(1) shall be required. The Secretary's Record of
Decision or Finding of No Significant Impact shall include such
a finding, as well as documentation of the concurrence of the
applicable preservation officer, the Council, and the Secretary
of the Interior. A notice of intent from the Secretary of such
a finding, as well as notice of the concurrence of the
applicable preservation officer, the Council, and the Secretary
of the Interior will be posted on an appropriate Federal
website within 3 days of their occurrence.
``(3) Aligning historical reviews.--If the Secretary, the
applicable preservation officer, the Council, and the Secretary
of the Interior concur that no feasible and prudent alternative
exists as described in (2), the Secretary may then notify the
applicable preservation officer, the Secretary of the Interior,
and the Advisory Council on Historic Preservation of the
Department's intent to satisfy the conditions of (a)(2) through
the consultation requirements of section 106. The applicable
preservation officer, the Council, and the Secretary of the
Interior must concur in the treatment of the historic site
agreed upon in the Memorandum of Agreement or Programmatic
Agreement developed in accordance with section 106 in order to
satisfy the conditions of (a)(2).''.
(b) Title 49 Amendment.--Section 303 of title 49, United States
Code, is amended--
(1) in subsection (c), by striking ``subsection (d)'' and
inserting ``subsections (d) and (e)''; and
(2) by inserting at the end the following:
``(e) Satisfaction of Requirements for Certain Historic Sites.--
``(1) In general.--The Secretary shall seek to align the
requirements of this section with the requirements of the
National Environmental Policy Act (42 U.S.C. 4231 et seq.)
(NEPA), section 106 of the National Historic Preservation Act
(16 U.S.C. 470f) (referred to as section 106 in this section),
and their implementing regulations and will coordinate with the
Department of the Interior and the Advisory Council on Historic
Preservation to establish procedures that will satisfy the
requirements of both within 90 days of enactment of GROW
AMERICA Act.
``(2) Avoidance alternative analysis.--If, in an analysis
required under NEPA the Secretary determines that there is no
feasible or prudent alternative to avoid a use of an historic
site, the Secretary may include the Secretary's determination
in the NEPA analysis and notify the applicable State historic
preservation officer, tribal historic preservation officer, the
Advisory Council on Historic Preservation (if the Council is
participating in the section 106 consultation process), and the
Secretary of the Interior of such findings and request
concurrence that such determination is sufficient to satisfy
(a)(1). If the applicable preservation officer, the Council,
and the Secretary of the Interior concur, no further analysis
under (a)(1) shall be required. The Secretary's Record of
Decision or Finding of No Significant Impact shall include such
a finding, as well as documentation of the concurrence of the
applicable preservation officer, the Council, and the Secretary
of the Interior. A notice of intent from the Secretary of such
a finding, as well as notice of the concurrence of the
applicable preservation officer, the Council, and the Secretary
of the Interior will be posted on an appropriate Federal
website within 3 days of their occurrence.
``(3) Aligning historical reviews.--If the Secretary, the
applicable preservation officer, the Council, and the Secretary
of the Interior concur that no feasible and prudent alternative
exists as described in (2), the Secretary may then notify the
applicable preservation officer, the Secretary of the Interior,
and the Advisory Council on Historic Preservation of the
Department's intent to satisfy the conditions of (a)(2) through
the consultation requirements of section 106. The applicable
preservation officer, the Council, and the Secretary of the
Interior must concur in the treatment of the historic site
agreed upon in the Memorandum of Agreement or Programmatic
Agreement developed in accordance with section 106 in order to
satisfy the conditions of (a)(2).''.
SEC. 1006. RAIL AND TRANSIT EXEMPTION FROM CONSIDERATION UNDER SECTION
4(F).
(a) Title 23 Amendment.--Section 138 of title 23, United States
Code, as amended by this Act, is further amended by inserting the
following after subsection (c):
``(d) Rail and Transit.--Improvements to, or the maintenance,
rehabilitation, or operation of railroad or rail transit lines or
elements thereof, with the exception of stations, that are in-use or
were historically used for transportation of goods or passengers, shall
not be considered a use of an historic site under subsection (a),
regardless of whether the railroad or rail transit line or element
thereof is listed on, or eligible for listing on, the National Register
of Historic Places.''.
(b) Title 49 Amendment.--Section 303 of title 49, United States
Code, as amended by this Act, is further amended--
(1) in subsection (c), by striking ``subsections (d) and
(e)'' and inserting ``subsections (d), (e) and (f)''; and
(2) by inserting the following after subsection (e):
``(f) Rail and Transit.--Improvements to, or the maintenance,
rehabilitation, or operation of railroad or rail transit lines or
elements thereof, with the exception of stations, that are in-use or
were historically used for transportation of goods or passengers, shall
not be considered a use of an historic site under subsection (c),
regardless of whether the railroad or rail transit line or element
thereof is listed on, or eligible for listing on, the National Register
of Historic Places.''.
SEC. 1007. MULTIMODAL CATEGORICAL EXCLUSIONS.
Section 304 of title 49, United States Code, is amended as follows:
(1) Subsection (a)(1) is amended--
(A) by striking ``operating authority'' and
inserting ``operating administration or secretarial
office'';
(B) by inserting ``has expertise but'' before ``is
not the lead''; and
(C) by inserting ``proposed multimodal'' before
``project''.
(2) Subsection (a)(2) is amended to read as follows:
``(2) Lead authority.--The term `lead authority' means a
Department of Transportation operating administration or
secretarial office that has the lead responsibility for a
proposed multimodal project.''.
(3) Subsection (a)(3) is amended by striking ``has the
meaning given the term in section 139(a) of title 23'' and
inserting ``means an action by the Department of Transportation
that involves expertise of one or more Department of
Transportation operating administrations or secretarial
offices''.
(4) Subsection (b) is amended by striking ``under this
title'' and inserting ``by the Secretary''.
(5) Subsection (c) is amended--
(A) by striking ``a categorical exclusion
designated under the implementing regulations or'' and
inserting ``categorical exclusions designated under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321, et seq.) implementing'';
(B) by striking ``other components of the'' and
inserting ``a proposed multimodal'';
(C) by amending paragraphs (1) and (2) to read as
follows:
``(1) the lead authority makes a preliminary determination
on the applicability of a categorical exclusion to a proposed
multimodal project and notifies the cooperating authority of
its intent to apply the cooperating authority categorical
exclusion;
``(2) the cooperating authority does not object to the lead
authority's preliminary determination of its applicability;'';
(D) by amending paragraph (3) by inserting ``the
lead authority determines that'' at the beginning, and
`` proposed multimodal'' before ``project to be
covered''; and
(E) by amending paragraph (4) to read as follows:
``(4) the lead authority, with the concurrence of the
cooperating authority--
``(A) follows implementing regulations or
procedures under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
``(B) determines that the proposed multimodal
project does not individually or cumulatively have a
significant impact on the environment; and
``(C) determines that extraordinary circumstances
do not exist that merit additional analysis and
documentation in an environmental impact statement or
environmental assessment required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).''.
(7) Subsection (d) is amended to read as follows:
``(d) Cooperating Authority Expertise.--A cooperating authority
shall provide expertise to the lead authority on aspects of the
multimodal project in which the cooperating authority has expertise.''.
SEC. 1008. IMPROVING TRANSPARENCY IN ENVIRONMENTAL REVIEWS.
(a) In General.--Title 49, United States Code, is amended by
inserting after section 310, as added by this Act, the following:
``SEC. 311. IMPROVING TRANSPARENCY IN ENVIRONMENTAL REVIEWS.
``(a) In General.--Not later than 2 years after the date of
enactment of GROW AMERICA Act, the Secretary shall establish an online
platform and, in coordination with agencies described in subsection
(b), issue reporting standards to make publically available the status
and progress with respect to compliance with applicable requirements
under the National Environmental Policy Act of 1969 (42 U.S. C. 4321 et
seq.) and any other Federal approval required under applicable laws for
projects and activities requiring an environmental assessment or an
environmental impact statement.
``(b) Federal Agency Participation.--A Federal agency of
jurisdiction over an approval required for a project under applicable
laws shall provide information regarding the status and progress of the
approval to the online platform, consistent with the standards
established under subsection (a).
``(c) Assignment of Responsibilities.--An entity with assigned
authority for responsibilities under the National Environmental Policy
Act of 1969 (42 U.S. C. 4321 et seq.), pursuant to section 326 or 327
of title 23, United States Code, shall be responsible for supplying
project development and compliance status for all applicable
projects.''.
(b) Conforming Amendment.--The analysis of chapter 3 of title 49,
United States Code, is amended by inserting after the item relating to
section 310, as added by this Act, the following:
``311. Improving transparency in environmental reviews''.
SEC. 1009. INFRASTRUCTURE PERMITTING IMPROVEMENT CENTER.
(a) In General.--Title 49, United States Code, is amended by
inserting after section 311, as added by this Act, the following:
``SEC. 312. INTERAGENCY INFRASTRUCTURE PERMITTING IMPROVEMENT CENTER.
``(a) In General.--There is established in the Office of the
Secretary an Interagency Infrastructure Permitting Improvement Center
(referred to in this section as the `Center').
``(b) Roles and Responsibilities.--
``(1) Governance.--The Center shall report to the chair of
the Steering Committee described in paragraph (2) to ensure
that the perspectives of all member agencies are represented.
``(2) Infrastructure permitting steering committee.--An
Infrastructure Permitting Steering Committee is established to
oversee the work of the Center. The Steering Committee shall be
chaired by the Federal Chief Performance Officer in
consultation with the Chair of the Council on Environmental
Quality and shall be comprised of Deputy-level representatives
from the following agencies:
``(A) The Department of Defense.
``(B) The Department of the Interior.
``(C) The Department of Agriculture.
``(D) The Department of Commerce.
``(E) The Department of Transportation.
``(F) The Department of Energy.
``(G) The Department of Homeland Security.
``(H) The Environmental Protection Agency.
``(I) The Advisory Council on Historic
Preservation.
``(J) The Department of the Army.
``(K) The Department of Housing and Urban
Development.
``(L) Other agencies the Chair invites to
participate.
``(3) Activities.--The Center shall support the Chair of
the Steering Committee described in paragraph (2) and undertake
the following:
``(A) Coordinate and support implementation of
priority reform actions for Federal agency permitting
and reviews for areas as defined and identified by the
Steering Committee described in paragraph (2).
``(B) Support modernization efforts at agencies and
interagency pilots for innovative approaches to the
permitting and review of infrastructure projects.
``(C) Provide technical assistance and training to
field and headquarters staff of Federal agencies on
policy changes, innovative approaches to project
delivery and other topics as appropriate.
``(D) Identify, develop and track metrics for
timeliness of permit reviews, permit decisions, and
project outcomes.
``(E) Administer and expand the use of online
transparency tools providing for--
``(i) tracking and reporting of metrics;
``(ii) development and posting of schedules
for permit reviews and permit decisions; and
``(iii) sharing of best practices related
to efficient project permitting and reviews.
``(F) Provide reporting to the President on
progress towards achieving greater efficiency in
permitting decisions and review of infrastructure
projects and progress towards achieving better outcomes
for communities and the environment.
``(4) Infrastructure sectors covered.--The Center shall
support process improvements in the permitting and review of
projects in the following sectors:
``(A) Surface transportation.
``(B) Aviation.
``(C) Ports and waterways.
``(D) Water resource projects.
``(E) Renewable energy generation.
``(F) Electricity transmission.
``(G) Broadband.
``(H) Pipelines.
``(I) Other sectors, as determined by the Steering
Committee described in subparagraph (2).''.
(b) Conforming Amendment.--The analysis of chapter 3 of title 49,
United States Code, is amended by inserting after the item relating to
section 312, as added by this Act, the following:
``312. Interagency Infrastructure Permitting Improvement Center.''.
SEC. 1010. CLARIFICATION OF TRANSPORTATION ENVIRONMENTAL AUTHORITIES.
(a) Title 49 Reference to Section 4(f).--Section 303 of title 49,
United States Code, as amended by section 1012 of this Act, is further
amended by inserting at the end the following:
``(h) Section 4(f).--This section may be referred to as `section
4(f)' or `section 4(f) of title 49, United States Code'.''.
(b) Title 23 Reference to Section 4(f).--Section 138 of title 23,
United States Code, as amended by this Act, is further amended by
adding at the end the following:
``(f) Section 4(f).--This section may be referred to as `section
4(f)' or "section 4(f) of title 23, United States Code.''.
(c) Relocation and Clarification of Section 1319 of Map-21.--
(1) Repeal.--Section 1319 of the Moving Ahead for Progress
in the 21st Century Act (Public Law 112-141, 126 Stat. 551; 42
U.S.C. 4332a) is repealed.
(2) Accelerated decisionmaking in environmental reviews.--
Chapter 3 of title 49, United States Code, is amended by
inserting after section 304 the following:
``SEC. 304A. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL REVIEWS.
``(a) In General.--In preparing a final environmental impact
statement under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), if the Department of Transportation, when acting
as lead agency, modifies the statement in response to comments that are
minor and are confined to factual corrections or explanations of why
the comments do not warrant additional Departmental response, the
Department may write on errata sheets attached to the statement instead
of rewriting the draft statement, subject to the condition that the
errata sheets--
``(1) cite the sources, authorities, or reasons that
support the position of the Department; and
``(2) if appropriate, indicate the circumstances that would
trigger Departmental reappraisal or further response.
``(b) Incorporation.--To the maximum extent practicable, the
Department shall expeditiously develop a single document that consists
of a final environmental impact statement and a record of decision,
unless--
``(1) the final environmental impact statement makes
substantial changes to the proposed action that are relevant to
environmental or safety concerns; or
``(2) there are significant new circumstances or
information relevant to environmental concerns and that bear on
the proposed action or the impacts of the proposed action.''.
(d) Conforming Amendment.--The analysis of chapter 3 of title 49,
United States Code, is amended by inserting the following after the
item relating to section 304:
``304a. Accelerated decisionmaking in environmental reviews.''.
(e) Effective Date.--The repeal and amendments made by this section
are effective on the date of enactment of the Moving Ahead for Progress
in the 21st Century Act.
SEC. 1011. ADVANCE ACQUISITION.
(a) Advance Acquisition.--Chapter 241 of title 49, United States
Code, is amended by inserting the following after section 24105:
``SEC. 24106. ADVANCE ACQUISITION.
``(a) Rail Corridor Preservation.--The Secretary may assist a
recipient of funding in acquiring right-of-way and adjacent real
property interests before or during the completion of the environmental
reviews for any project receiving funding under subtitle V of title 49,
United States Code, that may use such property interests if the
acquisition is otherwise permitted under Federal law, and the recipient
requesting Federal funding for the acquisition certifies, with the
concurrence of the Secretary, that--
``(1) the recipient has authority to acquire the real
property interest;
``(2) the acquisition of the real property interest--
``(A) is for a transportation purpose;
``(B) will not cause significant adverse
environmental impact;
``(C) will not limit the choice of reasonable
alternatives for the proposed project or otherwise
influence the decision of the Secretary on any approval
required for the project;
``(D) does not prevent the lead agency from making
an impartial decision as to whether to accept an
alternative that is being considered;
``(E) complies with other applicable Federal laws
and regulations;
``(F) will be acquired through negotiation, without
threat of condemnation; and
``(G) will not result in elimination or reduction
of benefits or assistance to a displaced person
required by the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.) and title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.).
``(b) Environmental Reviews.--
``(1) Completion of nepa review.--Before authorizing
Federal funding for an acquisition of a real property interest,
the Secretary shall complete the review process under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) with respect to the acquisition.
``(2) Completion of section 106.--An acquisition of a real
property interest involving an historic site shall not occur
unless the section 106 process under the National Historic
Preservation Act (16 U.S.C. 470f) (as described in 77 Fed. Reg.
68790) is complete.
``(3) Timing of acquisition.--A real property interest
acquired under subsection (a) may not be developed in
anticipation of the proposed project until all required
environmental reviews for the project have been completed.''.
(b) Conforming Amendment.--The analysis of chapter 241 of title 49,
United States Code, is amended by inserting the following after the
item relating to section 24105:
``24106. Advance acquisition.''.
SEC. 1012. BRIDGE EXEMPTION FROM CONSIDERATION UNDER SECTION 4(F).
(a) Title 23 Amendment.--Section 138 of title 23, United States
Code, as amended by this Act, is further amended by adding at the end
the following:
``(e) Bridge Exemption From Consideration Under Section 4(f).--A
common post-1945 concrete or steel bridge or culvert that is exempt
from individual review under section 106 of the National Historic
Preservation Act (16 U.S.C. 470f) (as described in 77 Fed. Reg. 68790)
shall also be exempt from consideration under this section.''.
(b) Title 49 Amendment.--Section 303 of title 49, United States
Code, as amended by this Act, is further amended by adding at the end
the following:
``(g) Bridge Exemption From Consideration Under Section 4(f).--A
common post-1945 concrete or steel bridge or culvert that is exempt
from individual review under section 106 of the National Historic
Preservation Act (16 U.S.C. 470f) (as described in 77 Fed. Reg. 68790)
shall also be exempt from consideration under this section.''.
Subtitle B--Freight Policy and Financing
SEC. 1101. MULTIMODAL FREIGHT INVESTMENT PROGRAM.
(a) Multimodal Freight Incentive Program.--
(1) Establishment.--Title 49, United States Code, is
amended by adding after Chapter 53 the following:
``CHAPTER 54--FREIGHT
``Sec. 5401. Multimodal freight incentive program
``(a) In General.--Subject to the requirements of this section, the
Secretary shall--
``(1) establish a program to make grants to States to
improve the efficiency and reliability of freight movement in
the United States;
``(2) under subsection (c), calculate the maximum amount of
funding that the Secretary may allocate to a State under this
section for a fiscal year; and
``(3) under subsection (e), allocate to a State one or more
grants for which the State qualifies in such fiscal year, based
on the criteria specified in such subsection.
``(b) Definition.--In this section, the term `State' means any of
the 50 States, the District of Columbia, or Puerto Rico.
``(c) Calculation.--
``(1) Annual amount.--The Secretary shall calculate the
amount of funding available to be allocated to a State under
this section for a fiscal year as follows--
``(A) the amount made available to provide
multimodal freight incentive grants under this section
for such fiscal year; multiplied by
``(B) the overall ratio specified in paragraph (3).
``(2) Floor amount.--Under the calculations in paragraph
(1), a State's amount for a fiscal year shall not be less than
0.5 percent of the amount made available to provide multimodal
freight incentive grants under this section for such fiscal
year.
``(3) Ratio.--Subject to paragraph (2), the Secretary shall
determine the overall ratio referenced in paragraph (1)(B)
based on the following ratios:
``(A) 6.25 percent in the ratio that--
``(i) the number of ports in each State;
bears to
``(ii) the number of ports in all States.
``(B) 6.25 percent in the ratio that--
``(i) the number of rail track-miles used
for the movement of freight in each State;
bears to
``(ii) the number of such rail track-miles
in all States.
``(C) 6.25 percent in the ratio that--
``(i) the number of cargo-handling airports
in each State; bears to
``(ii) the number of such airports in all
States.
``(D) 6.25 percent in the ratio that--
``(i) the number of Interstate system miles
in each State; bears to
``(ii) the number of Interstate system
miles in all States.
``(E) 37.5 percent in the ratio that--
``(i) the tonnage of rail, waterborne,
highway, airport and pipeline freight moved in
each State; bears to
``(ii) the tonnage of such freight moved in
all States.
``(F) 37.5 percent in the ratio that--
``(i) the value of rail, waterborne,
highway, airport and pipeline freight moved in
each State; bears to
``(ii) the value of such freight moved in
all States.
``(d) Eligibility.--A State shall use a grant under this section
for--
``(1) the development of corridor freight plans or regional
freight plans; or
``(2) one or more phases of capital projects, equipment or
operational improvements on roads, rails, landside
infrastructure on ports and airports, and intermodal connectors
included in a State freight plan under section 5404 of this
title for projects that--
``(A) maintain or improve the efficiency and
reliability of freight supply chains;
``(B) demonstrate public freight benefits;
``(C) improve modal components of a multimodal
corridor that is critical to a State or region;
``(D) address freight needs to facilitate a
regionally or nationally significant economic
development issue;
``(E) are multimodal, multi-jurisdictional, or
corridor-based and address freight needs;
``(F) relieve freight or non-freight access,
congestion, or safety issues; or
``(G) address first and last mile connectors.
``(e) Grants.--
``(1) In general.--If during a fiscal year a State meets
the eligibility criteria specified in paragraph (2) or (3) the
Secretary shall allocate to the State in such fiscal year a
grant under such paragraph. The determination of whether a
State meets such eligibility criteria shall be made by the
Secretary.
``(2) Tier i incentive grant.--
``(A) Allocations of funding.--Subject to paragraph
(4), if a State meets the eligibility criteria
specified in subparagraph (B) during a fiscal year, the
Secretary shall allocate to the State in such fiscal
year 40 percent of the amount of the funds available to
be allocated to the State in such fiscal year.
``(B) Eligibility criteria.--The Secretary may
allocate funding to a State under this paragraph in a
fiscal year if the State--
``(i) has an established freight advisory
committee in accordance with section 5403 of
this title;
``(ii) has an approved freight plan in
accordance with section 5404 of this title;
``(iii) has conducted a statewide analysis
of freight needs and bottlenecks on all modes
of transportation, including intermodal and
last mile needs;
``(iv) demonstrates use of the statewide
analysis of freight needs in prioritizing
projects in the freight plan required by
section 5404 of this title; and
``(v) demonstrates that it will use the
funding that it is allocated under this
paragraph for the highest priority projects
that are identified in the freight plan
required by section 5404 of this title and are
ready to be advanced.
``(3) Tier ii incentive grant.--
``(A) Allocations of funding.--Subject to paragraph
(4), if a State meets the eligibility criteria
specified in subparagraph (B) during a fiscal year, the
Secretary shall allocate to the State in such fiscal
year 60 percent of the amount of the funds available to
be allocated to the State in such fiscal year.
``(B) Eligibility criteria.--The Secretary may
allocate funding to a State under this paragraph in a
fiscal year if the State--
``(i) has met the eligibility criteria
specified in paragraph (2)(B);
``(ii) has conducted, in cooperation with
at least one other State, a multistate analysis
of freight needs and bottlenecks on all modes
of transportation, including intermodal and
last mile needs along a multistate freight
corridor;
``(iii) has developed, in cooperation with
at least one other State or relevant entities
in Canada or Mexico, a regional freight
investment plan that focuses on the end-to-end
investment needs of critical multistate freight
corridors based on the multistate analysis of
freight needs and bottlenecks on all modes of
transportation, including intermodal and last
mile needs; and
``(iv) demonstrates that it will use the
funding that it is allocated under this
paragraph for the highest priority projects
identified in the regional freight plan.
``(4) Tier i and ii analyses and plans.--
``(A) Approval.--A State shall demonstrate that it
developed the analyses and plans required under
paragraphs (2) and (3) with the approval of a State
Freight Advisory Committee.
``(B) Certification.--The determination of whether
the analyses and plans required to qualify under
paragraphs (2) and (3) satisfy the requirements of the
paragraphs shall be at the discretion of the Secretary.
``(C) Forecast period.--All analyses and plans
required under paragraph (3) shall address a 10-year
and 20-year forecast period.
``(D) Updates.--In order to obligate funding under
paragraphs (2) and (3), a State shall update all
analyses and plans required under such paragraph at
least every 5 years.
``(f) Transfer Authority.--
``(1) Administration of projects.--For the purpose of
administering a grant under this subsection, funds authorized
for this section may be transferred within the Department and
administered in accordance with the requirements of title 23 or
49 of the United States Code applicable to the agency to which
the funds are transferred and any other requirements applicable
to the project.
``(2) Transfer to other programs.--Funds authorized for
this section may not be transferred to any other program under
titles 23 or 49, United States Code.
``(g) Federal Share.--The Federal share for projects funded under
this section shall not exceed 80 percent. Funds authorized for this
section may not be applied towards the non-Federal share of costs under
another Federal program.
``(h) Treatment for Obligation Limitation Distribution.--For
purposes of distributing obligation limitation in any fiscal year, the
Secretary shall provide funds made available for this section with
obligation limitation as follows:
``(1) The Secretary shall provide funds authorized for that
fiscal year with obligation limitation under section 2002(c)(4)
of the GROW AMERICA Act or the equivalent provision of the
relevant appropriations act for a fiscal year, as appropriate.
``(2) The Secretary shall provide funds carried over from
prior fiscal years with obligation limitation under section
2002(c)(2) of such Act or the equivalent provision of the
relevant appropriations act for a fiscal year, as
appropriate.''.
(2) Funding.--
(A) Authorization.--There is authorized to be
appropriated from the highway account of the
transportation trust fund to carry out section 5401 of
title 49, United States Code--
(i) $500,000,000 for fiscal year 2015;
(ii) $1,000,000,000 for fiscal year 2016;
(iii) $1,500,000,000 for fiscal year 2017;
and
(iv) $2,000,000,000 for fiscal year 2018.
(B) Availability and administration.--The funds
authorized by subparagraph (A) shall be--
(i) available for obligation on October 1
of the fiscal year for which they are
authorized;
(ii) available for obligation until
expended; and
(iii) administered as if such funds were
apportioned under chapter 1 of title 23, United
States Code.
(C) Transfer to national freight infrastructure
program.--Notwithstanding section 5401(f)(2) of title
49, United States Code, as soon as practicable after
October 1, 2016, and each fiscal year thereafter, the
Secretary shall transfer to the National Freight
Infrastructure program under section 5402 of such
title--
(i) of the funds authorized under
subparagraph (A) to carry out section 5401 of
such title, any funds that--
(I) were available to be allocated
to a State for the prior fiscal year
under subsection (c) of such section;
but
(II) the Secretary did not allocate
to that State for that prior fiscal
year due to that State not meeting the
eligibility criteria specified under
subsection (e)(2) or (e)(3) of such
section; and
(ii) an amount of obligation limitation
equal to the amount of funds that the Secretary
transfers under clause (i).
(b) National Freight Infrastructure Program.--
(1) Establishment.--Chapter 54 of such title is amended by
adding at the end the following:
``Sec. 5402. National freight infrastructure program
``(a) General.--The Secretary shall establish and implement a
National Freight Infrastructure Program under this section.
``(b) Goals.--The goals of the program shall be to--
``(1) reduce the cost of freight transportation;
``(2) improve the safety of freight transportation;
``(3) relieve bottlenecks in the freight transportation
system;
``(4) improve the state of good repair of the freight
transportation system; and
``(5) reduce the adverse environmental and community
impacts of freight transportation.
``(c) Definitions.--In this section the following definitions
apply:
``(1) Eligible applicant.--
``(A) In general.--The term `eligible applicant'
means--
``(i) a State (as defined in section
101(a)(25) of title 23);
``(ii) American Samoa, the Commonwealth of
the Northern Mariana Islands, Guam, or the U.S.
Virgin Islands;
``(iii) a local government;
``(iv) a metropolitan planning
organization;
``(v) a public transportation authority
(including a port authority);
``(vi) a tribal government; or
``(vii) a group of entities described in
clauses (i) through (vi).
``(B) Groups of entities.--A group described in
clause (vii) of subparagraph (A) shall submit an
application through a lead applicant that qualifies
under one of the clauses (i) through (vi) of that
subparagraph. Public-private partnerships are eligible
provided the lead applicant qualifies under one of the
clauses (i) through (vi) of subparagraph (A).
``(2) Eligible project.--
``(A) In general.--The term `eligible project'
means a capital investment for a transportation
infrastructure facility, or for an operational
improvement or equipment for such a facility--
``(i) that is for a facility significantly
used for the movement of freight, and that is--
``(I) a road, rail, air, water, or
pipeline facility;
``(II) an intermodal facility such
as a seaport or port on the inland
waterway system, an airport, or a
highway/rail intermodal facility; or
``(III) a facility related to an
international border crossing;
``(ii) that the Secretary has determined
will help to achieve the goals set out in
subsection (b);
``(iii) for which funding committed by
State and local governments and other public
and private partners, along with the Federal
funding requested, will be sufficient to
complete the capital investment; and
``(iv) that upon completion will have
independent utility.
``(B) Plans and analyses.--The term `eligible
project' includes the development of plans and analysis
required by this chapter.
``(d) Applications.--An eligible applicant seeking to receive a
grant under this section for an eligible project shall submit to the
Secretary an application in such form and in accordance with such
requirements as the Secretary shall establish.
``(e) Selection of Projects.--The Secretary shall select projects
for funding based on the criteria specified in subsection (f).
``(f) Criteria for Selection.--The Secretary shall select eligible
projects for funding based on the following criteria:
``(1) The extent to which the project is likely to advance
the goals set forth in subsection (b).
``(2) The likely benefits of the project relative to its
costs.
``(3) The extent to which the project demonstrates the use
of innovative technology, strategies, and practices.
``(4) The likely effect of the project on increasing U.S.
exports.
``(5) The consistency of the project with the National
Freight Strategic Plan under section 5405 of this title.
``(6) Inclusion of the project in the State freight plan
required under section 5404 of this title.
``(7) The extent to which the project leverages Federal
funds by matching State, local, tribal, or private funds to the
Federal funding requested under this section.
``(8) The extent to which funds for the project are not
available from other sources.
``(g) Retrospective Analysis.--
``(1) Analysis.--A grant agreement made under this section
between the Government and a grantee shall specify that the
grantee will collect data and report to the Secretary, at times
that the Secretary shall specify, on--
``(A) the actual cost of constructing the project;
``(B) the time required to complete the project and
put it into service;
``(C) the level of usage of the facility built or
improved by the project;
``(D) the benefits of the project, measured in a
way that is consistent with the benefits that were
estimated in the application for funding that was
submitted to the Secretary; and
``(E) any costs resulting from the project in
addition to the costs of constructing the project.
``(h) Terms and Conditions.--The Secretary shall determine such
other terms and conditions, other than those listed in this section, as
are necessary and appropriate to implement this section.
``(i) Administrative and Oversight Costs.--
``(1) In general.--The Secretary may retain up to one-half
of 1 percent of the amounts authorized for each fiscal year
under this section for--
``(A) administration of the National Freight
Infrastructure Program under this section; and
``(B) oversight of projects funded under this
section.
``(2) Transfer of funds.--The Secretary may transfer
portions of the funds retained under this subsection to the
Administrators of the Federal Highway Administration, the
Federal Railroad Administration, the Federal Aviation
Administration, and the Federal Maritime Administration to
carry out the administration and oversight of grants made under
this section.
``(j) Federal Share.--The Federal share for projects funded under
this section shall not exceed 80 percent.
``(k) Administration of Projects.--For the purpose of administering
a grant under this section, funds authorized for this section may be
transferred within the Department and administered in accordance with
the requirements of title 23 or 49 of the United States Code applicable
to the agency to which the funds are transferred and any other
requirements applicable to the project.''.
(2) Funding.--
(A) In general.--There is authorized to be
appropriated from the highway account of the
transportation trust fund to carry out this section--
(i) $500,000,000 for fiscal year 2015;
(ii) $1,000,000,000 for fiscal year 2016;
(iii) $1,500,000,000 for fiscal year 2017;
and
(iv) $2,000,000,000 for fiscal year 2018.
(B) Administration of funds.--The funds authorized
by subparagraph (A) shall be--
(i) available for obligation on October 1
of the fiscal year for which they are
authorized; and
(ii) available for obligation until
expended.
(c) State Freight Advisory Committee.--Chapter 54 of such title is
amended by adding at the end the following:
``Sec. 5403. State freight advisory committees
``(a) In General.--
``(1) Freight advisory committee.--Each State that receives
a grant under this chapter shall establish and maintain a
freight advisory committee consistent with criteria established
by the Secretary and consisting of a representative cross-
section of public and private sector freight stakeholders,
including--
``(A) all modes of freight transportation active in
the State, including airports, highways, ports, and
rail;
``(B) shippers;
``(C) carriers;
``(D) freight-related associations:
``(E) the freight industry workforce;
``(F) the transportation department of the State;
``(G) metropolitan planning organizations; and
``(H) local governments.
``(2) Qualifications.--Individuals selected under paragraph
(1) must be widely recognized to have qualifications sufficient
to represent the interests of their specific stakeholder group,
including--
``(A) general business and financial experience;
``(B) experience or qualifications in the areas
freight transportation and logistics;
``(C) experience in transportation planning;
``(D) representing employees of the freight
industry; or
``(E) representing State or local governments, or
metropolitan planning organizations.
``(b) Role of Committee.--The freight advisory committee shall--
``(1) advise the State on freight-related priorities,
issues, projects, and funding needs;
``(2) serve as a forum for discussion for State
transportation decisions affecting freight mobility;
``(3) communicate and coordinate regional priorities with
other organizations;
``(4) promote the sharing of information between the
private and public sectors on freight issues;
``(5) participate in the development of the State freight
plan, including advising on the development of the freight
investment plan; and
``(6) approve the State freight plan under section 5404 of
this title, including the freight investment plan required
thereunder.''.
(d) State Freight Plan.--Chapter 54 of such title is amended by
adding at the end the following:
``Sec. 5404. State freight plan
``(a) In General.--Each State that receives a grant under this
chapter shall develop a freight plan that provides a multimodal,
comprehensive plan for the immediate and long-range planning activities
and investments of the State with respect to freight. The freight plan
shall include a strategic, long-term component and a tactical, short-
term component.
``(b) Plan Contents.--The freight plan shall consider all modes of
freight transportation in the State and include, at a minimum--
``(1) an identification of significant freight system
trends, needs, and issues with respect to a State;
``(2) a description of the freight policies, strategies,
and performance measures that will guide the freight-related
transportation investment decisions of the State;
``(3) a description of how the plan will improve the
ability of the State to meet the national freight goals
established under section 5405 of this title;
``(4) evidence of consideration of innovative technologies
and operational strategies, including intelligent
transportation systems, that improve the safety and efficiency
of freight movement;
``(5) in the case of routes on which travel of heavy
vehicles (including mining, agricultural, energy cargo or
equipment, and timber vehicles) is projected to substantially
deteriorate the condition of the roadways, a description of
improvements that may be required to reduce or impede the
deterioration;
``(6) an inventory of facilities with freight mobility
issues, such as truck bottlenecks, within the State, and a
description of the strategies the State is employing to address
those freight mobility issues; and
``(7) a freight investment plan that includes a list of
projects in order of priority and describes how multimodal
freight investment funds under section 5401 of this title would
be invested and matched.
``(c) Relationship to Long-Range Plan.--
``(1) Incorporation.--The freight plan may be developed
separate from or incorporated into the statewide strategic
long-range transportation plan required by section 135(f) of
title 23, United States Code.
``(2) Requirement of anticipated full funding.--The
priority freight investment plan component of the freight plan
shall include a project, or an identified phase of a project,
only if funding for completion of the project can reasonably be
anticipated to be available for the project within the time
period identified in the freight investment plan.
``(d) Certification.--The Secretary shall approve State freight
plans if they address the requirements of this section and are
consistent with the National Freight Strategic Plan.
``(e) Forecast Period.--The freight plan shall address a 10-year
forecast period.
``(f) Updates.--A State shall update the freight plan at least
every 5 years. The State may update the freight investment plan on a
more frequent basis.''.
(e) National Freight Policy, Network, Plan, and Data.--Chapter 54
of such title is amended by adding at the end the following:
``Sec. 5405. National freight policy, network, plan, and data
``(a) National Freight Policy.--It is the policy of the United
States to improve the condition and performance of the national freight
system to ensure that the national freight system provides the
foundation for the United States to compete in the global economy and
achieve each goal described in subsection (b).
``(b) Goals.--The goals of the national freight policy are--
``(1) to increase the productivity and efficiency of the
national freight system so as to enhance the economic
competitiveness of the United States;
``(2) to improve the safety, security, and resilience of
freight transportation; and
``(3) to improve quality of life by reducing, eliminating
or reversing adverse environmental and community impacts of
freight projects and goods movement in the United States.
``(c) Strategy.--The strategies that the United States shall use to
achieve the goals set forth in subsection (b) shall include--
``(1) support for or investment in infrastructure,
equipment and operational improvements;
``(2) appropriate safety, environmental, energy, and other
transportation policies;
``(3) advanced technology and innovation;
``(4) enhancement of competition and accountability in the
transportation industries; and
``(5) use of performance management.
``(d) National Freight System Defined.--In this section, the term
`national freight system' means the publicly and privately-owned
transportation facilities that are used in transporting freight within
the United States, including roads, railroads, ports, waterways, locks
and dams, airports, airways, pipelines, warehouses, distribution
centers, and intermodal facilities.
``(e) Multimodal National Freight Network.--
``(1) Establishment.--The Secretary shall establish a
multimodal national freight network in accordance with this
section to inform public and private planning, to prioritize
for Federal investment, to aid the public and private sector in
strategically directing resources, and to support Federal
decisionmaking to achieve the national freight policy goals set
forth in subsection (b).
``(2) Network components.--The national freight network
shall consist of such connectors, corridors and facilities in
all freight transportation modes as most critical to the
current and future movement of freight within the national
freight system;
``(3) Initial designation of the national freight
network.--
``(A) Designation.--The Secretary shall designate a
national freight network--
``(i) using measurable data to assess the
significance of goods movement, including
consideration of points of origin, destination,
and linking components of the United States
global and domestic supply chains;
``(ii) fostering network connectivity; and
``(iii) reflecting input collected from
stakeholders through a public process,
including input from metropolitan planning
organizations and States, to identify critical
freight facilities that are vital links in
national or regionally significant goods
movement and supply chains.
``(B) Factors for designation.--In designating the
national freight network, the Secretary may consider--
``(i) volume, tonnage, and value of
freight;
``(ii) origins and destinations of freight
movement in, to, and from the United States;
``(iii) land and maritime ports of entry;
``(iv) population centers;
``(v) economic factors or other inputs
determined to be relevant by the Secretary;
``(vi) bottlenecks and other impediments
contributing to significant measurable
congestion and delay in freight movement;
``(vii) facilities of future freight
importance based on input from stakeholders and
analysis of projections for future growth and
changes to the freight system; and
``(viii) elements of the freight system
identified and documented by a metropolitan
planning organization and State using national
or local data as having critical freight
importance to the region.
``(4) Redesignation of the national freight network.--
Effective beginning 5 years after the designation of the
national freight network and every 5 years thereafter, using
the designation factors described in paragraph (1), the
Secretary shall redesignate the national freight network.
``(f) National Freight Strategic Plan.--
``(1) Establishment of plan.--Not later than October 1,
2015, the Secretary shall, in consultation with the Secretary
of Homeland Security, the Secretary of Commerce, the Assistant
Secretary of the Army for Civil Works, State departments of
transportation, and other appropriate public and private
transportation stakeholders, develop, maintain, and post on the
Department of Transportation public website a national freight
strategic plan that shall include--
``(A) an assessment of the condition and
performance of the national freight system;
``(B) an identification of bottlenecks on the
national freight system that create significant freight
congestion problems, based on a quantitative
methodology developed by the Secretary, which shall, at
a minimum, include--
``(i) information from the Freight Analysis
Framework of the Federal Highway
Administration; and
``(ii) to the maximum extent practicable,
an estimate of the cost of addressing each
bottleneck and any operational improvements
that could be implemented;
``(C) forecasts of freight volumes for 10-year and
20-year periods beginning in the year during which the
plan is issued;
``(D) an identification of major trade gateways and
national freight corridors that connect major
population centers, trade gateways, and other major
freight generators for current and forecasted traffic
and freight volumes, the identification of which shall
be revised, as appropriate, in subsequent plans;
``(E) an assessment of statutory, regulatory,
technological, institutional, financial, and other
barriers to improved freight transportation performance
(including opportunities for overcoming the barriers);
``(F) an identification of routes providing access
to energy exploration, development, installation, or
production areas;
``(G) best practices for improving the performance
of the national freight system;
``(H) best practices for addressing the impacts of
freight movement on communities;
``(I) a process for addressing multistate projects
and encouraging jurisdictions to collaborate; and
``(J) strategies to improve freight connectivity
between modes of transportation.
``(2) Updates to national freight strategic plan.--Not
later than 5 years after the date of completion of the first
national freight strategic plan under paragraph (1), and every
5 years thereafter, the Secretary shall update and repost on
the Department of Transportation public website a revised
national freight strategic plan.
``(g) Freight Transportation Conditions and Performance Reports.--
Not later than October 1, 2014, and biennially thereafter, the
Secretary shall prepare a report that contains a description of the
conditions and performance of the national freight system in the United
States.
``(h) Transportation Investment Data and Planning Tools.--
``(1) In general.--The Secretary shall develop new tools
and improve existing tools to support an outcome-oriented,
performance-based approach to evaluate proposed freight-related
and other transportation projects, including--
``(A) methodologies for systematic analysis of
benefits and costs;
``(B) freight forecasting models;
``(C) tools for ensuring that the evaluation of
freight-related and other transportation projects can
consider safety, economic competitiveness,
environmental sustainability, and system condition in
the project selection process; and
``(D) other elements to assist in effective
transportation planning.
``(2) Freight data.--In support of these tools, and to
support a broad range of evaluation methods and techniques to
assist in making transportation investment decisions, the
Secretary shall--
``(A) direct the collection of appropriate
transportation-related data, including data to measure
the condition and performance of the national freight
system; and
``(B) consider any improvements to existing freight
data collection efforts that could reduce identified
freight data gaps and deficiencies and help improve
forecasts of freight transportation demand.
``(3) Consultation.--The Secretary shall consult with
Federal, State, and other stakeholders to develop, improve, and
implement the tools and collect the data identified pursuant to
this subsection.
``(4) Multimodal freight measure.--The Secretary shall
evaluate the analyses and plans required under section 5401(e)
(2) and (3) of this title and consider development of a
national performance measure to assess the efficiency of the
multimodal freight network in accordance with the National
Freight Strategic Plan.''.
(f) Conforming Amendments.--
(1) Table of chapters.--The table of chapters for such
title is amended by inserting after the item related to chapter
53 the following:
``54. Freight............................................... 5401.''.
(2) Repeals.--
(A) Map-21.--Sections 1116, 1117, and 1118 of MAP-
21 (Public Law 112-141) are repealed.
(B) Title 23.--Section 167 of title 23, United
States Code, is repealed.
(3) Cross-reference.--Section 505(a)(3) of title 23, United
States Code, is amended by striking ``149, and 167'' and
inserting ``and 149, and section 5405 of title 49''.
SEC. 1102. REDESIGNATION OF THE NATIONAL NETWORK.
(a) Operation of Commercial Vehicles on the National Highway System
and the National Freight Network.--
(1) Section 31111 amendment.--Section 31111 of title 49,
United States Code, is amended--
(A) in subsection (b)(1)(A) by striking ``the
Dwight D. Eisenhower System of Interstate and Defense
Highways (except a segment exempted under subsection
(f) of this section) and those classes of qualifying
Federal-aid Primary System highways designated by the
Secretary of Transportation under subsection (e) of
this section'' and inserting ``the National Highway
System and the National Freight Network (except a
segment exempted under subsection (e) of this
section)'';
(B) in subsection (c) by striking ``the Dwight D.
Eisenhower System of Interstate and Defense Highways
(except a segment exempted under subsection (f) of this
section) and those classes of qualifying Federal-aid
Primary System highways designated by the Secretary of
Transportation under subsection (e) of this section''
and inserting ``the National Highway System and the
National Freight Network (except a segment exempted
under subsection (e) of this section)'';
(C) by striking subsection (e);
(D) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively; and
(E) in subsection (e), as redesignated--
(i) in paragraph (1) by striking ``the
Dwight D. Eisenhower System of Interstate and
Defense Highways'' and inserting ``the National
Highway System or the National Freight
Network'';
(ii) in paragraph (2) by striking ``the
Dwight D. Eisenhower System of Interstate and
Defense Highways'' and inserting ``the National
Highway System or the National Freight
Network''; and
(iii) in paragraph (4)(A) by striking ``the
Dwight D. Eisenhower System of Interstate and
Defense Highways'' and inserting ``the National
Highway System or the National Freight
Network''.
(2) Section 31112 amendment.--Section 31112 of title 49,
United States Code, is amended in subsection (b) by striking
``by the Secretary of Transportation under section 31111(e) of
this title'' and inserting ``in part 658 of title 23, Code of
Federal Regulations''.
(3) Section 31113 amendment.--Section 31113 of title 49,
United States Code, is amended--
(A) by amending subsection (a) to read as follows:
``(a) General Limitations.--Except as provided in subsection (e) of
this section, a State (except Hawaii) may not prescribe or enforce a
regulation of commerce that imposes a vehicle width limitation of more
or less than 102 inches on a commercial motor vehicle operating on the
National Highway System or the National Freight Network.'';
(B) in subsection (d) by striking ``the Dwight D.
Eisenhower System of Interstate and Defense Highways
(except a segment exempted under subsection (e) of this
section) or other qualifying Federal-aid highway
designated by the Secretary'' and inserting ``the
National Highway System or National Freight Network'';
and
(C) in subsection (e)--
(i) in paragraph (1) by striking ``the
Dwight D. Eisenhower System of Interstate and
Defense Highways'' and inserting ``the National
Highway System or National Freight Network'';
(ii) in paragraph (2) by striking ``the
Dwight D. Eisenhower System of Interstate and
Defense Highways'' and inserting ``the National
Highway System or National Freight Network'';
and
(iii) in paragraph (4)(A) by striking ``the
Dwight D. Eisenhower System of Interstate and
Defense Highways'' and ``inserting''the
National Highway System or National Freight
Network
(4) Section 31114 amendment.--Section 31114 of title 49,
United States Code, is amended--
(A) in the section heading by striking ``Interstate
System'' and inserting ``National Highway System and
National Freight Network''; and
(B) by amending subsection (a)(1) to read as
follows:
``(1) the National Highway System or the National Freight
Network; and''.
(b) Delayed Applicability.--The Secretary shall not enforce the
amendments made by this section until 3 years after the effective date
of this Act.
Subtitle C--Planning
SEC. 1201. TRANSPORTATION SYSTEM RESILIENCE ASSESSMENT.
(a) Section 134 Amendment.--Section 134 of title 23, United States
Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (1), (2), (3), (4),
(5), (6), and (7) as paragraphs (4), (5), (6), (7),
(8), (10), and (11), respectively;
(B) by inserting before paragraph (4), as
redesignated, the following:
``(1) Adaptation.--The term `adaptation' means adjustment
in natural or human systems in anticipation of or response to a
changing environment in a way that effectively uses beneficial
opportunities or moderates negative effects of extreme weather
events or climate change.
``(2) Climate change.--The term `climate change' means any
significant change in the measures of climate lasting for an
extended period of time. This may include major changes in
temperature, precipitation, or wind patterns, among others,
that occur over several decades or longer.
``(3) Critical highway and transit assets.--The term
`critical highway and transit assets' means transportation
facilities considered critical to support population centers,
freight movement and economic activity, or evacuation, recovery
or national security functions.''; and
(C) by inserting before paragraph (10), as
redesignated, the following:
``(9) Resilience.--The term `resilience' means the ability
to anticipate, prepare for, and adapt to changing conditions
and to withstand, respond to, and recover rapidly from
disruptions, including extreme weather events and climate
change.''; and
(2) in subsection (i)(2)--
(A) by redesignating subparagraphs (E), (F), (G),
and (H), as subparagraphs (F), (G), (H), and (I),
respectively; and
(B) by inserting before subparagraph (F), as
redesignated, the following:
``(E) Adaptation and resilience.--
``(i) In general.--In order to protect the
integrity and enhance the resilience of the
transportation system and to ensure the
efficient use of Federal resources, the long-
range transportation plan shall include--
``(I) an analysis of potential
vulnerabilities and risks of critical
highway and transit assets to the
impacts of current and future extreme
weather and climate change effects; and
``(II) an explanation of potential
strategies for the adaptation of those
critical assets.
``(ii) Consultation and coordination.--The
analysis shall be developed in consultation
with Federal, State, local and Tribal agencies,
as appropriate. The analysis and strategies
shall take into consideration the risk
management analysis in the State's asset
management plan, developed pursuant to section
119 of this title, and the State's evaluation
of reasonable alternatives to roads, highways,
and bridges that repeatedly require repair and
reconstruction activities due to emergency
events, carried out in accordance with section
1315(b) of Public Law 112-141 (126 Stat.
549).''.
(b) Section 135 Amendment.--Section 135(f) of title 23, United
States Code, is amended by adding at the end the following:
``(10) Adaptation and resilience.--
``(A) In general.--To protect the integrity and
enhance the resilience of the transportation system and
to ensure the efficient use of Federal resources, the
long-range transportation plan shall include--
``(i) an analysis of potential
vulnerabilities and risks of critical highway
and transit assets to the impacts of current
and future extreme weather and climate change
effects; and
``(ii) an explanation of potential
strategies for the adaptation of those critical
assets.
``(B) Consultation and coordination.--The analysis
shall be developed in consultation with Federal, State,
local and Tribal agencies, as appropriate. The analysis
and strategies shall take into consideration the risk
management analysis in the State's asset management
plan, developed pursuant to section 119 of this title,
and the State's evaluation of reasonable alternatives
to roads, highways, and bridges that repeatedly require
repair and reconstruction activities due to emergency
events, carried out in accordance with section 1315(b)
of Public Law 112-141 (126 Stat. 549).''.
(c) Section 5303 Amendment.--Section 5303 of title 49, United
States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (1), (2), (3), (4),
(5), (6), and (7) as paragraphs (4), (5), (6), (7),
(8), (10), and (11), respectively;
(B) by inserting before paragraph (4), as
redesignated, the following:
``(1) Adaptation.--The term `adaption' means an adjustment
in natural or human systems in anticipation of or response to a
changing environment in a way that effectively uses beneficial
opportunities or moderates negative effects of extreme weather
events or climate change.
``(2) Climate change.--The term `climate change' means any
significant change in the measures of climate lasting for an
extended period of time. This may include major changes in
temperature, precipitation, or wind patterns, among others,
that occur over several decades or longer.
``(3) Critical highway and transit assets.--The term
`critical highway and transit assets' means transportation
facilities considered critical to support population centers,
freight movement and economic activity, or evacuation, recovery
or national security functions.''; and
(C) by inserting before paragraph (10), as
redesignated, the following:
``(9) Resilience.--The term `resilience' means the ability
to anticipate, prepare for, and adapt to changing conditions
and to withstand, respond to, and recover rapidly from
disruptions, including extreme weather events and climate
change.''; and
(2) in subsection (i)(2)--
(A) by redesignating subparagraphs (E), (F), (G),
and (H), as subparagraphs (F), (G), (H), and (I),
respectively; and
(B) by inserting before subparagraph (F), as
redesignated, the following:
``(E) Adaptation and resilience.--
``(i) In general.--To protect the integrity
and enhance the resilience of the
transportation system and to ensure the
efficient use of Federal resources, the long-
range transportation plan shall include--
``(I) an analysis of potential
vulnerabilities and risks of critical
highway and transit assets to the
impacts of current and future extreme
weather and climate change effects; and
``(II) an explanation of potential
strategies for the adaptation of those
critical assets.
``(ii) Consultation and coordination.--The
analysis shall be developed in consultation
with Federal, State, local and Tribal agencies,
as appropriate. The analysis and strategies
shall take into consideration the risk
management analysis in the State's asset
management plan, developed pursuant to section
119 of this title, and the State's evaluation
of reasonable alternatives to roads, highways,
and bridges that repeatedly require repair and
reconstruction activities due to emergency
events, carried out in accordance with section
1315(b) of Public Law 112-141 (126 Stat.
549).''.
(d) Section 5304 Amendment.--Section 5304(f) of title 49, United
States Code, is amended by adding at the end the following:
``(10) Adaptation and resilience.--
``(A) In general.--To protect the integrity and
enhance the resilience of the transportation system and
ensure the efficient use of Federal resources, the
long-range transportation plan shall include--
``(i) an analysis of potential
vulnerabilities and risks of critical highway
and transit assets to the impacts of current
and future extreme weather and climate change
effects; and
``(ii) an explanation of potential
strategies for the adaptation of those critical
assets.
``(B) Consultation and coordination.--The analysis
shall be developed in consultation with Federal, State,
local and Tribal agencies, as appropriate. The analysis
and strategies shall take into consideration the risk
management analysis in the State's asset management
plan, developed pursuant to section 119 of this title,
and the State's evaluation of reasonable alternatives
to roads, highways, and bridges that repeatedly require
repair and reconstruction activities due to emergency
events, carried out in accordance with section 1315(b)
of Public Law 112-141 (126 Stat. 549).''.
SEC. 1202. CONSOLIDATED AND HIGH PERFORMING METROPOLITAN PLANNING
ORGANIZATIONS.
(a) Consolidation of Metropolitan Planning Organizations.--
(1) Section 134 amendment.--Section 134(d)(6) of title 23,
United States Code, is amended to read as follows:
``(6) Consolidation of metropolitan planning organizations
within urbanized areas.--
``(A) Limitation on new metropolitan planning
organization designations.--A metropolitan planning
organization shall not be newly-designated--
``(i) within a metropolitan statistical
area if another metropolitan planning
organization already exists within the
boundaries of the metropolitan statistical
area; or
``(ii) outside of a metropolitan
statistical area.
``(B) Multiple existing metropolitan planning
organizations.--If multiple existing metropolitan
planning organizations are designated within a
metropolitan statistical area--
``(i) the metropolitan planning
organizations may--
``(I) retain their designation as
distinct metropolitan planning
organizations; or
``(II) be consolidated by agreement
between the metropolitan planning
organizations;
``(ii) the Governor (or Governors) and the
existing metropolitan planning organizations
shall--
``(I) revisit a determination to
remain unconsolidated every 10 years,
beginning two years after the next
decennial census; and
``(II) provide justification to the
Secretary of the continued necessity of
the designation of multiple
metropolitan planning organizations in
the area; and
``(iii) where multiple metropolitan
planning organizations exist within a single
metropolitan statistical area, they shall
cooperate with one another to--
``(I) develop a single
transportation improvement plan and a
single long-range plan for use by all
metropolitan planning organizations
within the metropolitan statistical
area when developing their individual
plans; and
``(II) establish a single set of
performance targets that address the
performance measures described in
section 150(c) for use in developing
individual performance targets in
accordance with section 134(h)(2).''.
(2) Section 5303 amendment.--Section 5303(d)(6) of title
49, United States Code, is amended to read as follows:
``(6) Consolidation of metropolitan planning organizations
within urbanized areas.--
``(A) Limitation on new metropolitan planning
organization designations.--A metropolitan planning
organization shall not be newly-designated--
``(i) within a metropolitan statistical
area if another metropolitan planning
organization already exists within the
boundaries of the metropolitan statistical
area; or
``(ii) outside of a metropolitan
statistical area.
``(B) Multiple existing metropolitan planning
organizations.--If multiple existing metropolitan
planning organizations are designated within a
metropolitan statistical area--
``(i) the metropolitan planning
organizations may--
``(I) retain their designation as
distinct metropolitan planning
organizations; or
``(II) be consolidated by agreement
between the metropolitan planning
organizations;
``(ii) the Governor (or Governors) and the
existing metropolitan planning organizations
shall--
``(I) revisit a determination to
remain unconsolidated every 10 years,
beginning two years after the next
decennial census; and
``(II) provide justification to the
Secretary of the continued necessity of
the designation of multiple
metropolitan planning organizations in
the area; and
``(iii) where multiple metropolitan
planning organizations exist within a single
metropolitan statistical area, they shall
cooperate with one another to--
``(I) develop a single
transportation improvement plan and a
single long-range plan for use by all
metropolitan planning organizations
within the metropolitan statistical
area when developing their individual
plans; and
``(II) establish a single set of
performance targets that address the
performance measures described in
section 150(c) of title 23, United
States Code, for use in developing
individual performance targets in
accordance with subsection (h)(2) and
sections 5326(c) and 5329(d) of this
title.''.
(3) Definitions.--
(A) Highway definition.--Section 134(b) of title
23, United States Code, as amended by section 1201(a)
of this Act, is further amended by--
(i) redesignating paragraphs (3) through
(11) as paragraphs (4) through (12); and
(ii) inserting after paragraph (2) the
following--
``(3) Consolidated metropolitan planning organization.--The
term `consolidated metropolitan planning organization' means a
sole metropolitan planning organization that serves a
metropolitan statistical area.''.
(B) Transit definition.--Section 5303(b) of title
49, United States Code, as amended by section 1201(c)
of this Act is further amended by--
(i) redesignating paragraphs (3) through
(11) as paragraphs (4) through (12); and
(ii) inserting after paragraph (2) the
following--
``(3) Consolidated metropolitan planning organization.--The
term `consolidated metropolitan planning organization' means a
sole metropolitan planning organization that serves a
metropolitan statistical area.''.
(b) Designation of High Performing Metropolitan Planning
Organizations.--
(1) Section 134 amendment.--Section 134 of title 23, United
States Code, as amended by this Act, is further amended by
adding at the end the following:
``(r) High Performing Metropolitan Planning Organizations.--
``(1) In general.--A metropolitan planning organization
that represents an urbanized area with a population of over
200,000 individuals may request a high performing metropolitan
planning organization designation from the Secretary.
``(2) Criteria.--In making a high performing metropolitan
planning organization designation, the Secretary shall
consider--
``(A) the extent to which the metropolitan planning
organization has an equitable and regional approach to
decisionmaking;
``(B) the extent to which the metropolitan planning
organization has incorporated its performance targets
established pursuant to section 150 of this title and
sections 5303(h)(2), 5326(c) and 5329(d) of title 49
into its planning process;
``(C) whether the metropolitan planning
organization is a consolidated metropolitan planning
organization;
``(D) if the metropolitan planning organization is
not a consolidated metropolitan planning organization,
the extent to which the metropolitan planning
organization is coordinating with all other
metropolitan planning organizations designated for the
same metropolitan statistical area;
``(E) the technical capacity of the metropolitan
planning organization; and
``(F) other criteria established by the Secretary
in guidance.
``(3) Review.--A designation under paragraph (1) shall stay
in effect for 10 years from the date of designation.''.
(2) Section 5303 amendment.--Section 5303 of title 49,
United States Code, as amended by this Act, is further amended
by adding at the end the following:
``(r) High Performing Metropolitan Planning Organizations.--
``(1) In general.--A metropolitan planning organization
that represents an urbanized area with a population of over
200,000 individuals may request a high performing metropolitan
planning organization designation from the Secretary.
``(2) Criteria.--In making a high performing metropolitan
planning organization designation, the Secretary shall
consider--
``(A) the extent to which the metropolitan planning
organization has an equitable and regional approach to
decisionmaking;
``(B) the extent to which the metropolitan planning
organization has incorporated its performance targets
established pursuant to section 150 of title 23, United
States Code, subsection (h)(2), and sections 5326(c)
and 5329(d) of this title into its planning process;
``(C) whether the metropolitan planning
organization is a consolidated metropolitan
organization;
``(D) if the metropolitan planning organization is
not a consolidated metropolitan planning organization,
the extent to which the metropolitan planning
organization is coordinating with all other
metropolitan planning organizations designated for the
same metropolitan statistical area;
``(E) the technical capacity of the metropolitan
planning organization; and
``(F) other criteria established by the Secretary
in guidance.
``(3) Review.--A designation under paragraph (1) shall stay
in effect for 10 years from the date of designation.''.
(c) Surface Transportation Incentive Funds.--Section 133(d)(1) of
title 23, United States Code is amended to read as follows:
``(1) Calculation.--The funds apportioned to a State under
section 104(b)(2) shall be obligated as follows:
``(A) Suballocated funds.--50 percent of the funds
for a fiscal year shall be obligated under this
section, in proportion to their relative shares of the
population of the State--
``(i) in urbanized areas of the State with
an urbanized area population over 200,000;
``(ii) in urban areas of the State with a
population of 5,000 to 200,000; and
``(iii) in areas of the State with a
population of fewer than 5,000.
``(B) Statewide funds.--25 percent of the funds for
a fiscal year may be obligated in any area of the
State.
``(C) High performing metropolitan planning
organizations.--
``(i) In general.--25 percent of the funds
for a fiscal year shall be obligated under this
section in urbanized areas under subparagraph
(A)(i) that are served by high performing
metropolitan planning organizations (as
designated by the Secretary under section
134(r) or section 5303(r) of title 49, United
States Code). Any funds remaining under this
clause shall be obligated in any area of the
State under subparagraph (B).
``(ii) Amount.--The amount to be obligated
under clause (i) in an urbanized area served by
a high performing metropolitan planning
organization shall equal 50 percent of the
amount to be obligated in that urbanized area
under paragraph (4) and is in addition to the
amount under such paragraph.''.
(d) Transportation Alternatives Incentive Funds.--Section 213(c)(1)
of such title is amended to read as follows:
``(1) Calculation.--The funds reserved to a State shall be
obligated as follows:
``(A) Suballocated funds.--50 percent of the funds
for a fiscal year shall be obligated under this section
to any eligible entity in proportion to its relative
share of the population of the State--
``(i) in urbanized areas of the State with
an urbanized area population over 200,000;
``(ii) in urban areas of the State with a
population of 5,000 to 200,000; and
``(iii) in areas of the State with a
population of fewer than 5,000.
``(B) Statewide funds.--25 percent of the funds for
a fiscal year may be obligated in any area of the
State.
``(C) High performing metropolitan planning
organizations.--
``(i) In general.--25 percent of the funds
for a fiscal year shall be obligated under this
section in urbanized areas under subparagraph
(A)(i) that are served by high performing
metropolitan planning organizations (as
designated by the Secretary under section
134(r) or section 5303(r) of title 49, United
States Code). Any funds remaining under this
clause shall be obligated in any area of the
State under subparagraph (B).
``(ii) Amount.--The amount to be obligated
under clause (i) in an urbanized area served by
a high performing metropolitan planning
organization shall equal 50 percent of the
amount to obligated in that urbanized area
under paragraph (3) and is in addition to the
amount under such paragraph.''.
(e) Obligation Authority.--Section 133(f) of such title is
amended--
(1) in paragraph (1), by--
(A) striking ``A State'' and inserting ``Except as
provided in paragraph (2), a State''; and
(B) striking ``fiscal years 2011 through 2014'' and
inserting ``fiscal years 2015 through 2018'';
(2) by redesignating paragraph (2) as paragraph (3) and
inserting after paragraph (1) the following:
``(2) High performing metropolitan planning
organizations.--
``(A) In general.--A State that is required to
obligate in an urbanized area under subsections
(d)(1)(A)(i) and (d)(1)(C)(i) shall make available to
such urbanized area on an annual basis an amount of
obligation authority distributed to the State for
Federal-aid highways and highway safety construction
programs for use in the area that is equal to the
amount obtained by multiplying--
``(i) the amount of funds that the State is
required to obligate in the area under such
subsections; and
``(ii) the ratio specified in paragraph
(1)(B).
``(B) Availability.--The obligation authority that
a State makes available to an urbanized area under
subparagraph (A) shall remain available for a period of
four fiscal years.''; and
(3) in paragraph (3), as redesignated, by striking
``paragraph (1)'' and inserting ``paragraphs (1) and (2)''.
(f) Distribution of Metropolitan Planning Funds.--Section
104(d)(2)(A) of such title is amended--
(1) in clause (i), by striking ``; and'' and inserting
``;'';
(2) by redesignating clause (ii) as clause (iii); and
(3) by inserting after clause (i) the following:
``(ii) prioritizes the needs of high
performing metropolitan planning organizations
(as designated by the Secretary under section
134(r) or section 5303(r) of title 49, United
States Code); and''.
(g) Technical Correction.--Subsection 133(h)(1) of such title is
amended by striking ``for each of fiscal years 2013 through 2014'' and
inserting ``each fiscal year''.
SEC. 1203. PARTICIPATION OF PUBLIC PORT AUTHORITIES.
(a) Section 134 Amendment.--Section 134(i)(6)(A) of title 23,
United States Code, is amended by inserting ``public ports,'' before
``freight shippers''.
(b) Section 135 Amendment.--Section 135(g)(3) of title 23, United
States Code, is amended by inserting ``public ports,'' before ``freight
shippers''.
(c) Section 5303 Amendment.--Section 5303(i)(6)(A) of title 49,
United States Code, is amended by inserting ``public ports,'' before
``freight shippers''.
(d) Section 5304 Amendment.--Section 5304(g)(3) of title 49, United
States Code, is amended by inserting ``public ports,'' before ``freight
shippers''.
SEC. 1204. STRENGTHENING THE STATEWIDE AND NONMETROPOLITAN PLANNING
PROCESS.
(a) Section 135 Amendment.--Section 135 of title 23, United States
Code, is amended--
(1) in subsection (f)(5) by striking ``may'' and inserting
``shall'';
(2) in subsection (f)(7)--
(A) by striking ``should'' and inserting ``shall'';
and
(B) by striking the final ``;'' and inserting``.'';
(3) in subsection (g)(5)(F)(i) by striking ``may'' and
inserting ``shall''; and
(4) by striking subsection (g)(8) and inserting the
following:
``(8) Certification process.--
``(A) In general.--At least once every 4 years the
Secretary shall certify that each State has met the
requirements of--
``(i) this section; and
``(ii) other Federal laws, regulations, and
orders applicable to the statewide and
nonmetropolitan and the metropolitan planning
processes.
``(B) Failure to meet certification.--If a State
does not meet such certification, the Secretary may
withhold up to 20 percent of the funds attributable to
such State for projects funded under this title and
chapter 53 of title 49.
``(C) Restoration of funds.--The withheld funds
shall be restored to the State at such time as the
State process is certified by the Secretary.
``(D) Public involvement.--In making the
certification determinations under this paragraph, the
Secretary shall provide for public involvement
appropriate to the State under review.''.
(b) Section 5304 Amendment.--Section 5304 of title 49, United
States Code, is amended--
(1) in subsection (f)(5) by striking ``may'' and inserting
``shall'';
(2) in subsection (f)(7) by striking ``should'' and
inserting ``shall'';
(3) in subsection (g)(5)(F)(i) by striking ``may'' and
inserting ``shall''; and
(4) by striking subsection (g)(8) and inserting the
following:
``(8) Certification process.--
``(A) In general.--At least once every 4 years the
Secretary shall certify that each State has met the
requirements of--
``(i) this section; and
``(ii) other Federal laws, regulations, and
orders applicable to the statewide and
nonmetropolitan and the metropolitan planning
processes.
``(B) Failure to meet certification.--If a State
does not meet such certification, the Secretary may
withhold up to 20 percent of the funds attributable to
such State for projects funded under this title and
chapter 53 of title 49.
``(C) Restoration of funds.--The withheld funds
shall be restored to the State at such time as the
State process is certified by the Secretary.
``(D) Public involvement.--In making the
certification determinations under this paragraph, the
Secretary shall provide for public involvement
appropriate to the State under review.''.
SEC. 1205. REMOVAL OF THE CONGESTION MANAGEMENT PROCESS.
(a) Section 134 Amendment.--Section 134 of title 23, United States
Code, is amended--
(1) by striking subsection (k)(3) and redesignating
subsections (k)(4) and (k)(5) as subsections (k)(3) and (k)(4),
respectively; and
(2) by striking subsection (n) and redesignating
subsections (o) through (q) as subsections (n) through (p),
respectively.
(b) Section 135 Amendment.--Section 135 of title 23, United States
Code, is amended by striking subsection (j) and redesignating
subsections (k) through (m) as subsections (j) through (l),
respectively.
(c) Section 5303 Amendment.--Section 5303 of title 49, United
States Code, is amended--
(1) by striking subsection (k)(3) and redesignating
subsections (k)(4) and (k)(5) as subsections (k)(3) and (k)(4),
respectively; and
(2) by striking subsection (n) and redesignating
subsections (o) through (q) as subsections (n) through (p),
respectively.
(d) Section 5304 Amendment.--Section 5304 of title 49, United
States Code, is amended by striking subsection (i) and redesignating
subsections (j) through (l) as subsections (i) through (k),
respectively.
SEC. 1206. PUBLIC INVOLVEMENT IN PLAN DEVELOPMENT.
(a) Section 134 Amendment.--Section 134(i) of title 23, United
States Code, is amended--
(1) in paragraph (4), by inserting after subparagraph (C)
the following:
``(D) Public involvement.--Metropolitan planning
organizations shall offer interested parties, such as
those described in paragraph (6), a reasonable
opportunity to participate in the development and
consideration of scenarios.''; and
(2) in paragraph (6), by striking ``comment on the
transportation plan'' and inserting ``provide input during the
development and implementation of the transportation plan''.
(b) Section 135 Amendment.--Section 135(f)(3)(A)(ii) of title 23,
United States Code, is amended by striking ``comment on the
transportation plan''; and inserting ``provide input during the
development of the transportation plan''.
(c) Section 5303 Amendment.--Section 5303(i) of title 49, United
States Code, is amended--
(1) in paragraph (4), by inserting after subparagraph (C)
the following:
``(D) Public involvement.--Metropolitan planning
organizations shall offer interested parties, such as
those described in paragraph (6), a reasonable
opportunity to participate in the development and
consideration of scenarios.''; and
(2) in paragraph (6), by striking ``comment on the
transportation plan'' and inserting ``provide input during the
development and implementation of the transportation plan''.
(d) Section 5304 Amendment.--Section 5304(f)(3)(A)(ii) of title 49,
United States Code, is amended by striking ``comment on the proposed
plan''; and inserting ``provide input during the development of the
transportation plan''.
SEC. 1207. CONNECTION TO OPPORTUNITIES NATIONAL GOAL AND POTENTIAL
PERFORMANCE MEASURE.
(a) Transportation Connections to Opportunities.--Section 150(b) of
title 23, United States Code, is amended--
(1) in paragraph (2), by striking ``highway infrastructure
asset system'' and inserting ``infrastructure asset system
under title 23''; and
(2) by adding at the end the following:
``(8) Multimodal connectivity.--To achieve an
interconnected transportation system which connects people to
jobs, schools, and other essential services through a
multimodal network.''.
(b) Establishment of Performance Measures.--Section 150(c) of title
23, United States Code, is amended--
(1) in paragraph (1), by inserting ``as listed in
paragraphs (3), (4), (5) and (6)'' before the period at the
end; and
(2) by adding the following at the end:
``(7) Multimodal freight.--The Secretary may, in accordance
with the National Freight Strategic Plan, establish Performance
Measures to assess the efficiency of the multimodal freight
network.
``(8) Transportation connectivity.--The Secretary may, in
accordance with the framework established in section 134 of
this title (Measuring Transportation Connections to
Opportunity), establish a Performance Measure to be used by
MPOs to assess the degree to which the transportation system
provides multimodal connections to economic opportunities,
particularly for disadvantaged populations.''.
SEC. 1208. WORKFORCE DEVELOPMENT.
Section 140(b) of title 23, United States Code, is amended to read
as follows:
``(b) Workforce Training and Development.--
``(1) In general.--The Secretary, in cooperation with the
Secretary of Labor and any other department or agency of the
Government, State agency, authority, association, institution,
Indian tribal government, corporation (profit or nonprofit), or
any other organization or person, is authorized to develop,
conduct, and administer surface transportation and technology
training, including skill improvement programs, and to develop
and fund summer transportation institutes.
``(2) State dot responsibilities.--A State department of
transportation participating in the program shall--
``(A) develop a workforce plan that identifies
immediate and anticipated workforce gaps and
underrepresentation of women and minorities, and a
detailed plan to fill gaps and address such
underrepresentation;
``(B) establish a `workforce development compact'
with the State workforce investment board and
appropriate agencies to provide a coordinated approach
to workforce training, job placement, and
identification of training and skill development
program needs, which shall be coordinated to the extent
practical with an institution or agency, such as a
State workforce investment board under 29 U.S.C. 2821,
that has established skills training, recruitment, and
placement resources; and
``(C) demonstrate program outcomes, including--
``(i) impact on areas with transportation
workforce shortages;
``(ii) diversity of training participants;
``(iii) number and percentage of
participants obtaining certifications or
credentials required for specific types of
employment;
``(iv) employment outcome, including job
placement and job retention rates and earnings,
using performance metrics established in
consultation with the Secretary of Labor and
consistent with metrics used by programs under
the Workforce Investment Act of 1998 (29 U.S.C.
2801 et seq.); and
``(v) to the extent practical, evidence
that the program did not preclude workers that
participate in training or registered
apprenticeship activities under the program
from being referred to, or hired on, projects
funded under this chapter.
``(3) Funding.--Funds authorized for the program under
paragraph (1) of this subsection shall remain available until
expended.
``(4) Nonapplicability of title 41.--The provisions of
sections 6101(b) through (d) of title 41 shall not be
applicable to contracts and agreements made under the authority
granted under this subsection to the Secretary.
``(5) Use of surface transportation and national highway
performance program funds.--Notwithstanding any other provision
of law, not to exceed \1/2\ of 1 percent of funds apportioned
to a State under section 104(b) (1) or (2) may be available to
carry out this subsection upon request of the State
transportation department to the Secretary.
``(6) Job-driven skills training incentive.--
``(A) In general.--In a fiscal year, the Secretary
shall provide incentive funding to States for
transportation workforce development, including
transportation technology and skills training,
registered apprenticeship and other work-based training
opportunities, and skill improvement programs leading
to credential attainment, employment, and career
pathways for disadvantaged populations.
``(B) Eligibility.--
``(i) Leveraging existing funds.--If a
State agrees to obligate in a fiscal year funds
apportioned to the State under section 104(b)
(1) or (2) for the purposes authorized in
paragraph (1), the Secretary may provide up to
twice the amount the State has agreed to
obligate for such purposes.
``(ii) Demonstrating success in skills
training, recruitment, and job placement.--The
Secretary may provide incentive funding to up
to 20 States that demonstrate that their
program under paragraph (2)--
``(I) operates in partnership with
an institution or agency, such as a
State workforce investment board under
29 U.S.C. 2821, that has established
skills training, recruitment, and
placement resources; and
``(II) successfully places
individuals in permanent jobs, as
measured by a job placement, retention,
and earnings metrics established by the
Secretary; and
``(III) establishes recruitment
strategies that result in positive
employment outcomes for minorities,
women, and disadvantaged individuals.
``(C) Grants.--
``(i) In general.--A State may provide
incentive funds received under this paragraph
to an institution or agency, such as a State
workforce investment board under 29 U.S.C.
2821, that has established skills training,
recruitment, and placement resources for use
consistent with subparagraph (A).
``(ii) Compliance.--A State that provides
funds to an entity under clause (i) shall
establish measures to verify that recipients of
such funds comply with the requirements of this
subsection.
``(D) Federal share.--The Federal share for
incentive funding under this paragraph may be up to 100
percent.''.
SEC. 1209. MEASURING TRANSPORTATION CONNECTIVITY PILOT ACTIVITIES.
(a) Title 23.--Section 134 of title 23, United States Code, as
amended by this Act, is further amended by inserting after subsection
(p), as redesignated, the following:
``(q) Measuring Transportation Connections to Opportunity.--
``(1) Connection to opportunity pilot program.--
``(A) Establishment.--The Secretary shall establish
a pilot program in which up to ten metropolitan
planning organizations shall develop and deploy one or
more pilot measures and targets to improve multimodal
connectivity and increase connections for disadvantaged
Americans and neighborhoods with limited transportation
options.
``(B) Pilot locations.--The Secretary shall select
up to ten metropolitan planning organizations in up to
ten locations, each of which is the sole metropolitan
planning organization serving an urbanized area of more
than 1 million residents, which shall include--
``(i) metropolitan planning organizations
that can demonstrate previous successful use of
performance measurements and performance-based
planning efforts, which the Secretary shall
designate as mentor grantees; and
``(ii) metropolitan planning organizations
that have limited or no successful previous
experience in performance measurements and
performance-based planning efforts, which the
Secretary shall designate as novice grantees.
``(C) Pilot program activities.--
``(i) Transportation connectivity
inventory.--Within 6 months of selection as a
pilot location, and in consultation with
appropriate States, transit agencies, and local
governments, metropolitan planning
organizations in pilot locations shall develop
an inventory of transportation assets within
the urbanized planning area they represent,
which will describe--
``(I) the condition of key highway,
transit, bicycle, and pedestrian
facilities;
``(II) the degree to which these
facilities provide residents with
connections to economic opportunities,
including but not restricted to job
centers and schools;
``(III) the identity and location
of disadvantaged populations within the
planning area; and
``(IV) local challenges to
multimodal connectivity, such as zoning
or land use issues, availability of
affordable housing, and physical
barriers that obstruct access from
residential areas to economic
opportunities.
``(ii) Performance indicators.--Within one
year of selection, metropolitan planning
organizations in pilot locations shall apply
the baseline data developed in the
Transportation Connectivity Inventory to adopt
one or more provisional indicators to measure
multimodal connectivity improvements in the
transportation system, including measurements
of multimodal connectivity improvements
available to populations identified in clause
(i)(III), and appropriate to local assets and
needs.
``(iii) Data collection and reporting.--
Metropolitan planning organizations in pilot
locations shall collect and report baseline and
annual performance data on multimodal
transportation connectivity to opportunity, and
shall report that data to the Secretary for the
duration of the pilot project.
``(iv) Knowledge-sharing.--Metropolitan
planning organizations designated as mentor
grantees shall engage in knowledge-sharing
activities with novice grantees to the extent
feasible, which may include peer exchanges and
technical assistance, as appropriate to their
existing level of performance measurement
capacity.
``(v) Project implementation.--
Notwithstanding section 120 of this title, a
metropolitan planning organization may use
funds remaining after the completion of the
Transportation Connectivity Inventory,
provisional measure, and related tracking
activities for the non-Federal share to
implement projects within the metropolitan
planning area that are reasonably anticipated
to address system gaps and improve performance
according to the locally-adopted provisional
multimodal transportation connectivity
measures.
``(2) National performance measure development
activities.--The Secretary shall reserve up to a cumulative a
maximum of $9,000,000 of the amount authorized for this
subsection over the period of fiscal years 2015 through 2018
for use on evaluation of multimodal connectivity measures
developed by metropolitan planning organizations in pilot
locations, and to consider development of a national indicator
to measure the multimodal connections to opportunities provided
by the transportation network, including the following
activities:
``(A) National technical assistance and peer
exchange forums.--The Secretary shall support the
measure development and data collection of metropolitan
planning organizations in pilot locations through
technical assistance and peer exchanges, and through
workshops with States, transit agencies, and MPOs to
discuss Pilot Program findings, and shall establish an
online collaboration center for local jurisdictions to
share ideas and challenges, and document lessons
learned.
``(B) Connection to opportunity final report.--At
the end of the Connection to Opportunity Pilot Program,
the Department shall produce in consultation with the
Secretary of the Department of Housing and Urban
Development, the Secretary of the Department of
Commerce and the Administrator of the Environmental
Protection Agency, and seek public comment on a final
report that documents the outcomes of the Connection to
Opportunity Pilot Program. The report shall provide
recommendations on the establishment of one or more
national multimodal connectivity measures, and shall
include--
``(i) results of the pilot locations'
efforts to measure and improve multimodal
connectivity;
``(ii) the Secretary's recommendations for
one or more national connectivity measures and
integrating them into the Federal
transportation performance management
framework, in accordance with section 150 of
this title; and
``(iii) an assessment of social outcomes
and impact that may result from the pilot
measures as well as estimated savings to
Federal, State and local social service subsidy
programs, as well as other costs avoided and
new tax revenues attributable to increased
connectivity.
``(C) Potential rulemaking.--Following publication
of the Connection to Opportunity Final Report, the
Secretary, in consultation with State Departments of
Transportation, metropolitan planning organizations,
and other stakeholders, may promulgate a rulemaking
that establishes performance measures and standards as
described in section 150(c)(8).''.
(b) Chapter 53.--Section 5303 of title 49, United States Code, as
amended by this Act, is further amended by inserting after subsection
(p), as redesignated, the following:
``(q) Measuring Transportation Connections to Opportunity.--
``(1) Connection to opportunity pilot program.--
``(A) Establishment.--The Secretary shall establish
a pilot program in which up to ten metropolitan
planning organizations shall develop and deploy one or
more pilot measures and targets to improve multimodal
connectivity and increase connections for disadvantaged
Americans and neighborhoods with limited transportation
options.
``(B) Pilot locations.--The Secretary shall select
up to ten metropolitan planning organizations, each of
which is the sole metropolitan planning organization
serving an urbanized area of more than 1 million
residents, which shall include--
``(i) metropolitan planning organizations
that can demonstrate previous successful use of
performance measurements and performance-based
planning efforts, which the Secretary shall
designate as mentor grantees; and
``(ii) metropolitan planning organizations
that have limited or no successful previous
experience in performance measurements and
performance-based planning efforts, which the
Secretary shall designate as novice grantees.
``(C) Pilot program activities.--
``(i) Transportation connectivity
inventory.--Within 6 months of selection as a
pilot location, and in consultation with
appropriate States, transit agencies, and local
governments, metropolitan planning
organizations in pilot locations shall develop
an inventory of transportation assets within
the urbanized planning area they represent,
which will describe--
``(I) the condition of key highway,
transit, bicycle, and pedestrian
facilities;
``(II) the degree to which these
facilities provide residents with
connections to economic opportunities,
including but not restricted to job
centers and schools;
``(III) the identity and location
of disadvantaged populations within the
planning area; and
``(IV) local challenges to
multimodal connectivity, such as zoning
or land use issues, availability of
affordable housing, and physical
barriers that obstruct access from
residential areas to economic
opportunities.
``(ii) Performance indicators.--Within one
year of selection, metropolitan planning
organizations in pilot locations shall apply
the baseline data developed in the
Transportation Connectivity Inventory to adopt
one or more provisional indicators to measure
multimodal connectivity improvements in the
transportation system, including measurements
of multimodal connectivity improvements
available to populations identified in clause
(i)(III), and appropriate to local assets and
needs.
``(iii) Data collection and reporting.--
Metropolitan planning organizations in pilot
locations shall collect and report baseline and
annual performance data on multimodal
transportation connectivity to opportunity, and
shall report that data to the Secretary for the
duration of the pilot project.
``(iv) Knowledge-sharing.--Metropolitan
planning organizations designated as mentor
grantees shall engage in knowledge-sharing
activities with novice grantees to the extent
feasible, which may include peer exchanges and
technical assistance, as appropriate to their
existing level of performance measurement
capacity.
``(v) Project implementation.--
Notwithstanding section 120 of this title, a
metropolitan planning organization may use
funds remaining after the completion of the
Transportation Connectivity Inventory,
provisional measure, and related tracking
activities for the non-Federal share to
implement projects within the metropolitan
planning area that are reasonably anticipated
to address system gaps and improve performance
according to the locally-adopted provisional
multimodal transportation connectivity
measures.
``(2) National performance measure development
activities.--The Secretary shall reserve up to a cumulative
$9,000,000 of the amount authorized for this subsection over
the period of fiscal years 2015 through 2018 for use on
evaluation of multimodal connectivity measures developed by
metropolitan planning organizations in pilot locations, and to
consider development of a national indicator to measure the
multimodal connections to opportunities provided by the
transportation network, including the following activities:
``(A) National technical assistance and peer
exchange forums.--The Secretary shall support the
measure development and data collection of metropolitan
planning organizations in pilot locations through
technical assistance and peer exchanges, and through
workshops with States, transit agencies, and MPOs to
discuss Pilot Program findings, and shall establish an
online collaboration center for local jurisdictions to
share ideas and challenges, and document lessons
learned.
``(B) Connection to opportunity final report.--At
the end of the Connection to Opportunity Pilot Program,
the Department shall produce and seek public comment on
a final report that documents the outcomes of the
Connection to Opportunity Pilot Program. The report
shall provide recommendations on the establishment of
one or more national multimodal connectivity measures,
and shall include--
``(i) results of the pilot locations'
efforts to measure and improve multimodal
connectivity;
``(ii) the Secretary's recommendations for
one or more national connectivity measures and
integrating them into the Federal
transportation performance management framework
in accordance with section 150 of this title;
and
``(iii) an assessment of social outcomes
and impact that may result from the pilot
measures as well as estimated savings to
Federal, State and local social service subsidy
programs, as well as other costs avoided and
new tax revenues attributable to increased
connectivity.
``(C) Potential rulemaking.--Within two years of
the publication of the Connection to Opportunity Final
Report, the Secretary, in consultation with State
Departments of Transportation, metropolitan planning
organizations, and other stakeholders, may promulgate a
rulemaking that establishes performance measures and
standards.''.
SEC. 1210. PERFORMANCE-BASED PROJECT SELECTION.
(a) Section 134 Amendment.--Section 134(j)(2)(D) of title 23,
United States Code, is amended to read as follows:
``(D) Performance target achievement.--In adding
projects to a transportation improvement program, a
metropolitan planning organization shall create a
process to evaluate and select each project or
collection of projects based on the project's (or
collection of projects") inclusion of elements that are
known to support, or will foreseeably support outcomes
that will achieve the performance targets established
in the metropolitan transportation plan by the
metropolitan planning organization in accordance with
subsection (h)(2)(B).''.
(b) Section 135 Amendment.--Section 135(g)(4) of title 23, United
States Code, is amended to read as follows:
``(4) Performance target achievement.--In adding projects
to a State transportation improvement program, a State shall
create a process to evaluate and select each project or
collection of projects based on the project's (or collection of
projects") inclusion of elements that are known to support, or
will foreseeably support, outcomes that will achieve the
performance targets established in the long-range statewide
transportation plan in accordance with subsection (f)(7)(A).''.
(c) Section 5303 Amendment.--Section 5303(j)(2)(D) of title 49,
United States Code, is amended to read as follows:
``(D) Performance target achievement.--In adding
projects to a transportation improvement program, a
metropolitan planning organization shall create a
process to evaluate and select each project or
collection of projects based on the project's (or
collection of projects") inclusion of elements that are
known to support, or will foreseeably support outcomes
that will achieve the performance targets established
in the metropolitan transportation plan by the
metropolitan planning organization in accordance with
section 134(h)(2)(B) of title 23.''.
(d) Section 5304 Amendment.--Section 5304(g)(4) of title 49, United
States Code, is amended to read as follows:
``(4) Performance target achievement.--In adding projects
to a State transportation improvement program, a State shall
create a process to evaluate and select each project or
collection of projects based on the project's (or collection of
projects") inclusion of elements that are known to support, or
will foreseeably support, outcomes that will achieve the
performance targets established in the long-range statewide
transportation plan in accordance with section 135(f)(7)(A) of
title 23.''.
SEC. 1211. STORMWATER PLANNING.
(a) Section 134 Amendment.--Section 134(h)(1) of title 23, United
States Code, is amended--
(1) in subparagraph (G), by striking ``; and'' and
inserting ``;'';
(2) in subparagraph (H), by striking the final period and
inserting ``; and''; and
(3) by inserting the following at the end:
``(I) improve the resilience and reliability of the
transportation system and reduce or mitigate stormwater
impacts of surface transportation.''.
(b) Section 135 Amendment.--Section 135(d)(1) of title 23, United
States Code, is amended--
(1) in subparagraph (G), by striking ``; and'' and
inserting ``;'';
(2) in subparagraph (H), by striking the final period and
inserting ``; and''; and
(3) by inserting the following at the end:
``(I) improve the resilience and reliability of the
transportation system and reduce or mitigate stormwater
impacts of surface transportation.''.
(c) Section 5303 Amendment.--Section 5303(h)(1) of title 49, United
States Code, is amended--
(1) in subparagraph (G), by striking ``; and'' and
inserting ``;'';
(2) in subparagraph (H), by striking the final period and
inserting ``; and''; and
(3) by inserting the following at the end:
``(I) improve the resilience and reliability of the
transportation system and reduce or mitigate stormwater
impacts of surface transportation.''.
(d) Section 5304 Amendment.--Section 5304(d)(1) of title 49, United
States Code, is amended--
(1) in subparagraph (G), by striking ``; and'' and
inserting ``;'';
(2) in subparagraph (H), by striking the final period and
inserting ``; and''; and
(3) by inserting the following at the end:
``(I) improve the resilience and reliability of the
transportation system and reduce or mitigate stormwater
impacts of surface transportation.''.
Subtitle D--Congestion Mitigation and Air Quality Improvement
SEC. 1301. ELIGIBLE PROJECTS.
Section 149(b) of title 23, United States Code, is amended--
(1) in paragraph (1)(A)(i)(I), by inserting ``in the
designated nonattainment area'' after ``standard'';
(2) in paragraph (3), by inserting ``or maintenance'' after
``attainment,'';
(3) in paragraph (4), by striking ``is likely to contribute
to the attainment of a national ambient air quality standard''
and inserting ``is likely to contribute to the area's
attainment or maintenance of a national ambient air quality
standard''; and
(4) in paragraph (5), by inserting ``reduces air pollution
and'' after ``if the program or project''.
SEC. 1302. SPECIAL RULES.
(a) Transferability of CMAQ Funds.--Section 126(a) of title 23,
United States Code, is amended by inserting ``(or, for an apportionment
under section 104(b)(4), 25 percent of the amount apportioned for the
fiscal year)'' after ``for the fiscal year''.
(b) PM-10 Nonattainment and Maintenance Areas.--Section 149(c)(1)
of title 23, United States Code, is amended by striking ``for ozone or
carbon monoxide, or both, and for PM-10 resulting from transportation
activities, without regard to any limitation of the Department of
Transportation relating to the type of ambient air quality standard
such project or program addresses'' and inserting ``or maintenance for
PM-10 resulting from transportation activities''.
SEC. 1303. PRIORITY CONSIDERATION.
Section 149(g)(3) of title 23, United States Code, is amended to
read as follows:
``(3) Priority consideration.--States and metropolitan
planning organizations shall give priority--
``(A) in areas designated as nonattainment or
maintenance for PM-2.5 under the Clean Air Act (42
U.S.C. 7401 et seq.) in distributing funds received for
congestion mitigation and air quality projects and
programs from apportionments under section 104(b)(4) to
projects and programs that are likely to reduce
emissions or precursor emissions of PM-2.5, including
diesel retrofits; and
``(B) in areas designated as nonattainment or
maintenance for ozone under the Clean Air Act (42
U.S.C. 7401 et seq.) in distributing funds received for
congestion mitigation and air quality projects and
programs from apportionments under section 104(b)(4) to
projects and programs that are likely to reduce
precursor emissions of ozone.''.
SEC. 1304. EVALUATION AND ASSESSMENT OF PROJECTS.
Section 149(i)(1)(A) of title 23, United States Code, is amended by
inserting ``that would contribute to attainment or maintenance of a
national ambient air quality standard'' before the period at the end.
SEC. 1305. ELECTRIC VEHICLE CHARGING STATIONS AND COMMERCIAL MOTOR
VEHICLE ANTI-IDLING FACILITIES IN REST AREAS.
(a) In General.--Section 111 of title 23, United States Code, is
amended by inserting at the end the following:
``(f) Electric Vehicle Charging Stations and Commercial Motor
Vehicle Anti-Idling Facilities in Rest Areas.--
``(1) In general.--Notwithstanding subsection (a), a State
may--
``(A) permit electric vehicle charging stations and
commercial motor vehicle anti-idling facilities in a
rest area along a highway on the Interstate System in
the State, if such stations or facilities will not
impair the highway or interfere with the free and safe
flow of traffic thereon; and
``(B) charge a fee, or permit the charging of a
fee, for the use of such stations or facilities.
``(2) Limitation on use of revenues.--Notwithstanding
subsection (b)(4), a State shall use any revenues received from
fees collected under paragraph (1) for projects eligible under
this title.''.
(b) Conforming Amendments.--
(1) Congestion mitigation and air quality improvement
program.--Section 149(c)(2) of title 23, United States Code, is
amended by striking ``except that such stations may not be
established or supported where commercial establishments
serving motor vehicle users are prohibited by section 111 of
title 23, United States Code''.
(2) Jason's law.--Section 1401(d) of the Moving Ahead for
Progress in the 21st Century Act, (23 U.S.C. 137 note) is
amended--
(A) in paragraph (1) by striking ``Except as
provided in paragraph (2), a'' and inserting ``A'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2).
Subtitle E--Innovative Finance and Tolling
SEC. 1401. 21ST CENTURY INFRASTRUCTURE INVESTMENTS.
(a) In General.--Title 49, United States Code, is amended by
inserting the following after chapter 55: [DO]
``CHAPTER 56--21ST CENTURY INFRASTRUCTURE INVESTMENTS
``SEC. 5601. `TIGER' INFRASTRUCTURE INVESTMENT GRANTS.
``(a) Establishment.--There is established in the Department a
discretionary grant program, to be known as the `TIGER Infrastructure
Grant Program' and to be administered by the Secretary.
``(b) Purpose.--Funds authorized under this section shall be
available for discretionary grants to be provided on a competitive
basis for projects that will have a significant impact on the Nation, a
metropolitan area, or a region.
``(c) Eligible Applicants.--Applicants eligible for funding under
this section include State, local, and Tribal governments, including
U.S. territories, transit agencies, port authorities, metropolitan
planning organizations, other political subdivisions of State or local
governments, and multi-State or multi-jurisdictional groups applying
through a single lead applicant.
``(d) Eligible Projects.--Projects eligible for funding under this
section include the following:
``(1) Highway or bridge projects eligible under title 23,
United States Code (including bicycle and pedestrian related
projects).
``(2) Public transportation projects eligible under chapter
53 of title 49, United States Code.
``(3) Passenger and freight rail transportation projects.
``(4) Port infrastructure investments.
``(5) Intermodal projects.
``(6) Activities related to--
``(A) the planning, preparation, or design of a
single surface transportation project; or
``(B) regional transportation investment planning,
including transportation planning that is coordinated
with interdisciplinary factors including housing
development, economic competitiveness, network
connectivity, stormwater and other infrastructure
investments, or that addresses future risks and
vulnerabilities, including extreme weather and climate
change.
``(e) Geographic Distribution.--
``(1) Equitable distribution.--In awarding funds under this
section, the Secretary shall take measures to ensure an
equitable geographic distribution of funds and an appropriate
balance in addressing the needs of urban and rural communities
and the investment in a variety of transportation modes.
``(2) Rural projects.--Not less than 20 percent of the
funds provided under this section shall be for projects located
in rural areas. For the purposes of the TIGER program, rural
areas are those outside of an urbanized area as defined by the
U.S. Census Bureau.
``(3) Limitation by state.--Not more than 25 percent of the
funds provided under this section may be awarded to projects in
a single State.
``(f) Grant Program Criteria, Solicitation and Award.--In
administering the grant program under this section, the Secretary
shall, within 90 days of the enactment of this section, publish grant
program criteria on which to base the competition for any grants
awarded under this section.
``(g) Planning Grants.--The Secretary may use up to 10 percent of
the funds authorized under this section to fund the activities
specified in subsection (d)(6).
``(h) Federal Share.--
``(1) In general.--The Federal share of the costs for which
an expenditure is made under this section shall be up to 80
percent.
``(2) Rural areas.--The Secretary may provide a Federal
share of up to 100 percent for a project [in a rural area].
``(3) Priority.--In establishing grant program criteria
pursuant to subsection (g), the Secretary shall include
priority for projects that request a smaller Federal share.
``(i) Davis-Bacon Requirement.--Projects conducted using funds
provided under this section shall comply with the requirements of the
Davis-Bacon Act, subchapter IV of chapter 31 of title 40, United States
Code.
``(j) Administrative Expenses.--
``(1) In general.--The Secretary may use up to 1.5 percent
of the funds authorized under this section to administer--
``(A) the grant program authorized under this
section;
``(B) the Supplemental Discretionary Grants for a
National Surface Transportation System provided for in
Public Law 111-5; and
``(C) the National Infrastructure Investments
provided for in Public Laws 111-117, 112-10, and 113-6.
``(2) Availability.--The funds made available under
paragraph (1) shall remain available until expended.
``(k) TIFIA Subsidy and Administrative Costs.--The Secretary may
use up to 10 percent of the funds authorized under this section to pay
the subsidy and administrative costs of projects eligible for Federal
credit assistance under chapter 6 of title 23, United States Code, if
the Secretary finds that the use of the funds would advance the
purposes of this section.
``(l) Transfer Authority.--Funds authorized under this section may
be transferred within the Department and administered in accordance
with the requirements of title 23 or 49 of the United States Code
applicable to the agency to which the funds are transferred and any
other requirements applicable to the project.
``(m) Interagency Coordination and Cooperation.--
``(1) In general.--The Secretary shall coordinate and
cooperate with other Federal agencies in carrying out the grant
program authorized under this section if the Secretary finds
that such coordination and cooperation would advance the
purposes of this section.
``(2) Interagency authority.--The Secretary may accept and
provide services from other Federal agencies with or without
reimbursement in order to further the purposes of this section.
``(3) Interagency delegation of authority.--The Secretary
may delegate the authority to issue or administer grants
pursuant to this section to other Federal agencies in the
interest of administrative or programmatic efficiency if the
Secretary finds that such delegation would advance the purposes
of this section.
``(n) Authorizations.--
``(1) In general.--There is authorized to be appropriated
from the Multimodal Account of the Transportation Trust Fund to
carry out this section--
``(A) $1,250,000,000 for fiscal year 2015;
``(B) $1,250,000,000 for fiscal year 2016;
``(C) $1,250,000,000 for fiscal year 2017; and
``(D) $1,250,000,000 for fiscal year 2018.
``(2) Availability.--Funds authorized under this
subsection--
``(A) shall be available for obligation on October
1 of the fiscal year for which they are authorized; and
``(B) except as specified in subsection (j), shall
remain available for obligation for a period of 2 years
after the year for which they are authorized.
``SEC. 5602. FIXING AND ACCELERATING SURFACE TRANSPORTATION GRANTS.
``(a) Establishment.--There is established in the Department a
discretionary grant program, to be known as the `FAST Grant Program'
and to be administered by the Secretary. The program shall be a
competitive program and designed to reform the way transportation
investments and decisions are made, implemented, and funded to achieve
National transportation outcomes, by promoting the implementation of
policies and procedures that generate long-term, institutionalized
changes, and support performance-based management of the transportation
system to improve transportation outcomes.
``(b) Best Practices.--Evaluations of applications for funding
under this section shall be based in part on the extent to which the
applicant has adopted or implemented best practices, including--
``(1) commitment to sustainable and innovative non-Federal
sources of transportation funding, including value capture and
authority for local governments to raise funding for
transportation, that provide flexibility to make investments
across all modes of transportation and convey the full social
cost of travel decisions to users;
``(2) development and incorporation of analytical tools in
the investment decisionmaking process, including benefit cost
analysis; other economic analyses; watershed-driven web-based
geographic information systems; and use of innovations in
design, procurement and purchasing to improve project delivery
and efficiency and reduce costs;
``(3) use of operating practices and deployment of
technologies that increase the efficient use of transportation
system capacity and reduce the need to invest in new highway
capacity;
``(4) adoption of laws, rules and regulations, and
commitment of resources toward practices that have been
demonstrated to reduce transportation-related fatalities and
injuries;
``(5) integration of transportation planning and investment
decisions with other land-use and economic development
decisions, including water infrastructure and broadband
deployment, to improve connectivity and accessibility and to
focus transportation investments near existing infrastructure;
``(6) adoption of laws, regulations, and practices that
have been demonstrated to reduce energy use, improve air and
water quality, reduce or mitigate stormwater impacts, promote
long-term management of stormwater from surface transportation
assets, reduce greenhouse gas emissions, improve community
adaptability and resilience, enhance community health and
quality of life, and expand transportation choices; and
``(7) improvements to regional governance that increase
metropolitan planning organization capacity and strengthens
local and stakeholder input, particularly traditionally
underrepresented populations, into project selection.
``(c) Eligible Applicants.--States, the District of Columbia,
Puerto Rico, U.S. territories (as defined in section 165(c) of title
23, United States Code), Tribal governments, and metropolitan planning
organizations are eligible applicants for funding under this section,
provided that--
``(1) States, the District of Columbia, Puerto Rico, U.S.
territories, and Tribal applicants demonstrate meaningful
participation of metropolitan planning organizations, local
governments, or transit agencies within the applicant's
jurisdiction in the development of the application;
``(2) metropolitan planning organizations include, as
partners in their applications, the State (or the District of
Columbia, as appropriate), local governments, or transit
agencies required to carry out the best practices relied on in
their application; and
``(3) the applicant has experience in successfully and
independently administering Federal-aid highway or transit
programs or projects.
``(d) List of Projects.--Applicants shall submit a program of
transportation projects that are related to the best practices
identified in subsection (b) to demonstrate how funds, if awarded under
this section, will be spent. The list of projects shall--
``(1) with regard to State applications, be developed with,
and include priorities of, metropolitan planning organizations
within the applicant's jurisdiction as identified in the
metropolitan planning organization" Transportation Improvement
Programs;
``(2) demonstrate strong return on investment and
competitive value for taxpayer money by means of a benefit-cost
analysis and consideration of alternatives; and
``(3) further the best practices and reform initiatives
identified under subsection (b) and relied upon in the
application.
``(e) Award of Funds.--The Federal Highway Administrator and
Federal Transit Administrator shall--
``(1) competitively award funds under this section in one
fiscal year or over multiple fiscal years;
``(2) withhold a reasonable amount of funds under this
section for administration of the program, but not to exceed
$25,000,000 per year;
``(3) devise a methodology for the size of awards under
this program based on an applicant's share of the Federal
transportation allocated or formula funding, subject to the
provision in paragraph (4);
``(4) make awards of no less than $50,000,000, except that
this paragraph shall not apply to awards made to a Tribal
government or a U.S. territory; and
``(5) in awarding funds under this section (other than
under subsection (j)), ensure an appropriate balance in
addressing the needs of urban and rural communities.
``(f) Eligible Activities.--Funds provided under this program shall
be used for capital or planning expenses for--
``(1) highway or bridge projects eligible for funding under
title 23, United States Code (including bicycle and pedestrian-
related projects);
``(2) public transportation projects eligible for funding
under chapter 53 of title 49, United States Code;
``(3) passenger and freight rail transportation projects;
``(4) maritime port infrastructure investments eligible for
funding under chapter 503 of title 46;
``(5) domestic short sea shipping projects eligible for
funding under chapter 556 of title 46; and
``(6) intermodal projects combining any of the above.
``(g) Criteria for Grant Selection.--In awarding a grant under this
subsection, the Secretary shall consider the extent to which the
application--
``(1) demonstrates the greatest performance as well as
applicants that have made the greatest progress in implementing
the best practices listed in subsection (b);
``(2) promotes National transportation priorities,
including--
``(A) reducing transportation fatalities and
serious injuries;
``(B) strengthening economic competitiveness,
including multimodal goods movement and coordination of
transportation and economic development investments;
``(C) improving the state of repair of the
transportation system and enhancing community
adaptability and resilience;
``(D) enhancing community health and improving
quality of life by increasing access to active
transportation infrastructure, jobs and essential
services, particularly for under-served populations;
``(E) improving asset performance by reducing
congestion through demand management strategies,
particularly strategies that curb demand for single
occupancy vehicle travel;
``(F) improving the efficiency of project
development and system performance and reducing the
cost of projects and maintenance of the transportation
system; and
``(G) adoption of laws, regulations, and practices
that have been demonstrated to reduce energy use,
improve air and water quality, reduce or mitigate
stormwater impacts, promote long-term management of
stormwater from surface transportation assets, reduce
greenhouse gas emissions, improve community
adaptability and resilience, encourage groundwater
recharge, enhance community health and quality of life,
and expand transportation choices; and
``(3) meets other criteria the Secretary requires.
``(h) Funding.--
``(1) Authorized funding.--There is authorized to be
appropriated for each of fiscal years 2015 through 2018 to
carry out this section--
``(A) $500,000,000 from the Highway Account of the
Transportation Trust Fund; and
``(B) $500,000,000 from the Mass Transit Account of
the Transportation Trust Fund.
``(2) Obligation.--
``(A) In general.--The funds authorized by
paragraph (1) shall be--
``(i) available for obligation on October 1
of the fiscal year for which they are
authorized;
``(ii) available for obligation for a
period of 3 years after the last day of the
fiscal year for which the funds are authorized;
and
``(iii) subject to the limitation on
obligations under subparagraph (B).
``(B) Obligation limitation.--Notwithstanding any
other provision of law, in each of fiscal years 2015
through 2018, obligations for the program under this
section shall not exceed--
``(i) $1,000,000,0000; plus
``(ii) any amount remaining available for
obligation under the program from prior fiscal
years.
``(3) Federal share.--The Federal share for projects funded
under this section may be up to 100 percent.
``(i) Transfer Authority.--Funds authorized under this section may
be transferred within the Department and administered in accordance
with the requirements of title 23 or 49 of the United States Code
applicable to the agency to which the funds are transferred and any
other requirements applicable to the project.
``(j) Metropolitan Mobility Program.--
``(1) Establishment.--The Secretary shall establish a
metropolitan mobility program under this subsection.
``(2) Reservation of funds.--The Secretary shall reserve up
to $1,000,000,000 made available under this section over the
period of fiscal years 2015 through 2018 for the program under
this subsection. Any funds reserved under this paragraph and
not allocated under paragraph (3) shall be available for the
FAST Grant Program.
``(3) Allocation of funds.--
``(A) Amount available for allocation.--
``(i) In general.--The amount of funding
available to be allocated under this subsection
for a fiscal year for use in an urbanized area
with a population over 200,000 individuals
shall be--
``(I) $250,000,000; multiplied by
``(II) the ratio that--
``(aa) the population of
such urbanized area; bears to
``(bb) the total population
of all urbanized areas with
populations of over 200,000
individuals.
``(ii) Adjustments to amounts.--
Notwithstanding clause (i), the Secretary shall
adjust the amounts determined under clause (i)
as follows:
``(I) Minimum amount.--The amount
available to be allocated under this
subsection for a fiscal year for use in
an urbanized area with a population
over 200,000 individuals shall not be
less than $1,000,000.
``(II) Maximum amount.--The amount
available to be allocated under this
subsection for a fiscal year for use in
an urbanized area with a population
over 200,000 individuals shall not be
greater than $3,000,000.
``(B) Amount to allocate.--In a fiscal year the
Secretary shall make available to a State, for use in
an urbanized area served by a high performing
metropolitan planning organization, an amount of funds
under this subsection equal to--
``(i) the amount available for allocation
for that fiscal year in that urbanized area
under subparagraph (A); plus
``(ii) any amounts available for allocation
in that urbanized area under that subparagraph
for any prior fiscal years--
``(I) beginning with fiscal year
2015; and
``(II) in which the urbanized area
was not served by a high performing
metropolitan planning organization.
``(4) Eligible uses of funds.--Funds provided under this
subsection may be used--
``(A) for any project or activity eligible under
title 23;
``(B) for any project or activity eligible under
chapter 53, title 49 ; or
``(C) notwithstanding any other provision of law,
to pay the non-Federal share of the cost of any project
or activity funded under chapter 53 or 56 of this title
or under title 23.
``(5) High performing metropolitan planning organization
defined.--In this subsection, the term `high performing
metropolitan planning organization' means a metropolitan
planning organization that the Secretary has designated as high
performing under section 134(r) of title 23 or section 5303(r)
of this title.''.
(b) Conforming Amendment.--The analysis of subtitle III of title
49, United States Code, is amended by inserting the following after the
item relating to chapter 55:
``56. 21st Century Infrastructure investments............... 5601.''.
SEC. 1402. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF
1998 AMENDMENTS.
(a) Definitions.--
(1) Master credit agreements.--Section 601(a)(10) of title
23, United States Code, is amended to read as follows:
``(10) Master credit agreement.--The term `master credit
agreement' means a conditional agreement to extend credit
assistance for a program of related projects secured by a
common security pledge (which shall receive an investment grade
rating from a rating agency) prior to the Secretary entering
into such master credit agreement under section 602(b)(2)(A),
or for a single project covered under section 602(b)(2)(B) that
does not provide for a current obligation of Federal funds and
that would--
``(A) make contingent commitments of 1 or more
secured loans or other Federal credit instruments at
future dates, subject to the availability of future
funds being made available to carry out this chapter
and subject to the satisfaction of all the conditions
for the provision of credit assistance under this
chapter, including section 603(b)(1);
``(B) establish the maximum amounts and general
terms and conditions of the secured loans or other
Federal credit instruments;
``(C) identify the 1 or more dedicated non-Federal
revenue sources that will secure the repayment of the
secured loans or secured Federal credit instruments;
``(D) provide for the obligation of funds for the
secured loans or secured Federal credit instruments
after all requirements have been met for the projects
subject to the master credit agreement, including--
``(i) completion of an environmental impact
statement or similar analysis required under
the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
``(ii) compliance with such other
requirements as are specified in this chapter,
including sections 602(c) and 603(b)(1); and
``(iii) the availability of funds to carry
out this chapter; and
``(E) require that contingent commitments result in
a financial close and obligation of credit assistance
not later than 3 years after the date of entry into the
master credit agreement, or release of the commitment,
unless otherwise extended by the Secretary.''.
(2) Rural infrastructure project.--Section 601(a)(15) of
title 23, United States Code, is amended to read as follows:
``(15) Rural infrastructure project.--The term `rural
infrastructure project' means a surface infrastructure project
located outside of a Census Bureau-defined urbanized area.''.
(b) Master Credit Agreements.--Section 602(b)(2) of title 23,
United States Code is amended to read as follows:
``(2) Master credit agreements.--
``(A) Program of related projects.--The Secretary
may enter into a master credit agreement for a program
of related projects secured by a common security pledge
on terms acceptable to the Secretary.
``(B) Adequate funding not available.--If the
Secretary fully obligates funding to eligible projects
in a fiscal year, and adequate funding is not available
to fund a credit instrument, a project sponsor of an
eligible project may elect to enter into a master
credit agreement and wait to execute a credit
instrument until the fiscal year during which
additional funds are available to receive credit
assistance.''.
(c) Application Processing Procedures.--Section 602(d)(2) of title
23, United States Code is amended to read as follows:
``(2) Approval or denial of application.--Not later than 60
days after the date of issuance of the written notice of a
complete application under paragraph (1), the Secretary shall
provide to the applicant a written notice informing the
applicant whether the Secretary has approved or disapproved the
application.''.
(d) Agreements.--Section 603(a)(1)(D) of title 23, United States
Code, is amended to read as follows:
``(D) to refinance long-term project obligations or
Federal credit instruments, if the refinancing provides
additional demonstrated funding capacity for the
completion, enhancement, or expansion of any project
that--
``(i) is selected under section 602; or
``(ii) otherwise meets the requirements of
section 602.''.
(e) Limitation on Refinancing of Interim Construction Financing.--
Section 603(a)(2) of title 23, United States Code, is amended to read
as follows:
``(2) Limitation on refinancing of interim construction
financing.--A loan under paragraph (1) shall not refinance
interim construction financing under paragraph (1)(B):
``(A) if the maturity of such interim construction
financing is later than one year after the substantial
completion of the project, and
``(B) later than one year after the date of
substantial completion of the project.''.
(f) Program Administration.--Section 605 of title 23, United States
Code, is amended by inserting at the end the following:
``(f) Reducing Burden on Small Projects.--The Secretary may use up
to $5,000,000 of funds made available to carry out this chapter in a
fiscal year in lieu of fees collected under subsection (b) for projects
under this chapter having eligible project costs that are reasonably
anticipated not to equal or exceed $75,000,000.''.
(g) Funding.--
(1) Section 608(a) of title 23, United States Code, is
amended--
(A) by striking paragraph (4); and
(B) by renumbering paragraphs (5) and (6) as (4)
and (5), respectively.
(2) Section 608(a)(6) of title 23, United States Code, is
amended to read as follows:
``(6) Administrative costs.--Of the amounts made available
to carry out this chapter, the Secretary may use not more than
$10,000,000 in fiscal year 2015, $12,000,000 in fiscal year
2016, $14,000,000 in fiscal year 2017, and $15,000,000 in
fiscal year 2018 for the administration of this chapter.''.
SEC. 1403. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.
(a) Definitions.--Section 501 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 821) is amended by inserting
at the end the following:
``(9) The term `railroad' means a railroad carrier as that
term is defined in section 20102 of title 49, United States
Code.''.
(b) General Authority.--Section 502(a) of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(a)) is
amended--
(1) by striking paragraph (5) and inserting the following:
``(5) joint ventures that include at least one of the
entities described in paragraphs (1) through (4) or paragraph
(6) of this section; and'';
(2) in paragraph (6), by striking ``second'' and ``that is
served by no more than a single railroad''; and
(3) in paragraph (6), by striking ``limited option rail
freight shippers'' and inserting ``limited option freight
shippers''.
(c) Eligible Purposes.--Section 502(b) of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(b)) is
amended--
(1) in paragraph (1)(A), by striking ``shops'' and
inserting ``shops, inclusive of costs related to these
activities, but not operating expenses''; and
(2) in paragraph (1)(B), by striking ``subparagraph (A)''
and inserting ``subparagraph (A) or (C)''.
(d) Infrastructure Partners.--Section 502(f) of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``including modifications
thereto'' after ``1990'';
(B) by inserting ``and modification costs'' after
``premiums'' in the first sentence; and
(C) by inserting ``or modification'' after
``application'' at the end of the first sentence;
(2) in paragraph (3), by inserting ``, and in the case of a
modification, before the modification is executed'' after
``amounts''; and
(3) by striking paragraph (4).
(e) Conditions of Assistance.--Section 502(h) of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(h)) is
amended--
(1) in paragraph (2)--
(A) by striking ``project'' and inserting
``project, if applicable'';
(B) by striking ``(2)'' and inserting ``(2)(A)'';
and
(C) by inserting at the end the following:
``(B) The Secretary may subordinate rights of the
Secretary under any provision of title 49 or title 23
of the United States Code, to the rights of the
Secretary under this section and section 503 of this
Act.''; and
(2) by inserting the following after subparagraph (3)(B):
``(4) The Secretary shall not provide assistance under this
section exceeding 80 percent of the reasonably anticipated
eligible project costs on projects--
``(A) that receive a loan for which the Government
pays the cost as defined by section 502 of the Federal
Credit Reform Act; and
``(B) with total eligible project costs estimated
to exceed $100,000,000.''.
(f) Modifications.--Section 503(c) of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 823(c)) is amended--
(1) in paragraph (1), by striking ``and'' from the end;
(2) in paragraph (2), by striking the period and inserting
``; and''; and
(3) by adding the following after paragraph (2) the
following:
``(3) the modification cost has been covered pursuant to
section 502(f).''.
(g) Evaluation, Award and Oversight Charges.--Section 503 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
823) is amended by striking subsection (k) and inserting the following:
``(k) Charges.--
``(1) Purpose.--The Secretary may collect from each
applicant a reasonable charge for--
``(A) the cost of evaluating the application,
amendments, modifications, and waivers including
appraisal of the value of the equipment or facilities
for which the direct loan or loan guarantee is sought,
and for making necessary determinations and findings;
``(B) the cost of award and project management
oversight;
``(C) the cost of services from expert firms,
including counsel, in the field of railroad, municipal
and project finance, to assist in the underwriting,
auditing, servicing and exercise of rights with respect
to direct loans and loan guarantees; and
``(D) the cost of all other expenses incurred as a
result of a breach of any term or condition or any
event of default on a direct loan.
``(2) Amount.--A charge under this subsection shall not
exceed one percent of the principal amount requested in the
application. The Secretary shall prescribe standards for
applying the charges to ensure that it does not prevent a Class
II or Class III railroad from having adequate access to direct
loans and loan guarantees under this title.
``(3) Fees credited to safety account.--Amounts collected
under this subsection shall be credited directly to the Safety
and Operations account of the Federal Railroad Administration,
and shall remain available until expended to pay for the costs
described in this subsection.''.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for the
cost of direct loans and loan guarantees pursuant to sections 502
through 504 of the Railroad Revitalization and Regulatory Reform Act of
1976 (Public Law 94-210).
SEC. 1404. STATE INFRASTRUCTURE BANK PROGRAM.
Section 610 of title 23, United States Code, is amended--
(1) in subsection (d)--
(A) by striking paragraph (1)(A) and inserting in
its place the following:
``(A) 10 percent of the funds apportioned to the
State for each fiscal year under each of sections
104(b)(1) and 104(b)(2); and'';
(B) in paragraph (2), by striking ``of fiscal years
2005 through 2009'' and inserting ``fiscal year''; and
(C) in paragraph (3), by striking ``of fiscal years
2005 through 2009'' and inserting ``fiscal year''; and
(2) in subsection (k), by striking ``of fiscal years 2005
through 2009'' and inserting ``fiscal year''.
SEC. 1405. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.
(a) Tolling.--Section 129(a) of title 23, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking subparagraphs (B), (G), and (H) and
redesignating--
(i) subparagraphs (C) through (F) as
subparagraphs (B) through (E), respectively;
and
(ii) subparagraph (I) as subparagraph (H);
(B) in subparagraph (B), as redesignated, by--
(i) inserting ``, including such
facilities'' after ``tunnel'' in the first
place it appears; and
(ii) adding a comma after ``Interstate
System''; and
(C) by inserting after subparagraph (E), as
redesignated, the following:
``(F) reconstruction of a toll-free Federal-aid
highway on the Interstate System and conversion of the
highway to a toll facility, subject to the approval of
the Secretary in accordance with paragraph (12);
``(G) conversion of 1 or more lanes on a toll-free
highway, bridge or tunnel (including highways, bridges
or tunnels on the Interstate System) to a toll facility
for the purpose of reducing or managing high levels of
congestion, subject to the approval of the Secretary in
accordance with paragraph (12); and'';
(2) in paragraph (3)(A), by--
(A) striking ``shall use'' and inserting ``shall
ensure that'';
(B) inserting ``are used'' after ``toll facility''
in the second place it appears;
(C) redesignating clauses (iv) and (v) as clauses
(vi) and (vii), respectively;
(D) inserting after clause (iii) the following:
``(iv) any costs necessary for the
improvement and operation of public
transportation service that--
``(I) is provided within the
transportation corridor in which the
toll facility is located; or
``(II) contributes to the improved
operation of the toll facility or the
highway on which the toll facility is
located;
``(v) any costs necessary for mitigating
any adverse impacts related to the tolling of
the facility and identified under the National
Environmental Policy Act process as a priority
by the State or public authority imposing the
tolls;" and''.
(E) inserting ``or chapter 53 of title 49'' before
the period at the end of clause (vii), as redesignated;
(3) by amending paragraph (4) to read as follows:
``(4) Requirements for tolling for congestion management.--
``(A) In general.--A public authority with
jurisdiction over a toll-free highway, bridge, or
tunnel that is converted to a toll facility that is
tolled under paragraph (1)(G) shall manage the demand
to use the facility by varying the toll amount that is
charged.
``(B) HOV facilities.--A high occupancy vehicle
facility converted to a toll facility under paragraph
(1)(G) shall be subject to the requirements of section
166 of this title.'';
(4) by redesignating paragraph (10) as paragraph (11);
(5) by inserting after paragraph (9) the following:
``(10) Electronic toll collection.--Fees collected from
motorists using a toll facility that is tolled pursuant to this
section and opened to traffic on or after October 1, 2015,
shall be collected only through the use of noncash electronic
technology that optimizes the free flow of traffic on the toll
facility.''; and
(6) by inserting at the end the following:
``(12) Approval.--A facility tolled under paragraph (1)(F)
or (1)(G) shall receive the approval of the Secretary according
to criteria that the Secretary shall publish in the Federal
Register.''.
(b) Ferry Boats.--Section 129(c)(2) of title 23, United States
Code, is amended by inserting ``, ferry boats carrying commercial motor
vehicles and passengers,'' before the phrase ``and ferry boats carrying
passengers only.''.
(c) Interstate System Reconstruction and Rehabilitation Pilot
Program.--Section 1216(b) of the Transportation Equity Act for the 21st
Century (Public Law 105-178) is repealed.
SEC. 1406. TAX-EXEMPT FINANCING FOR QUALIFIED SURFACE TRANSPORTATION
PROJECTS.
Section 142(m)(2)(A) of the Internal Revenue Code of 1986 (26 U.S.C
142(m)(2)(A)) is amended by striking ``$15,000,000,000'' and inserting
``$19,000,000,000''.
SEC. 1407. PAY FOR SUCCESS.
To the extent practicable, the Secretary shall encourage the use of
pay for success contracting in the implementation of the programs
administered by the Department.
TITLE II--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 2001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Account of the Transportation Trust
Fund:
(1) Federal-aid highway program.--For the national highway
performance program under section 119 of title 23, United
States Code, the surface transportation program under section
133 of such title, the highway safety improvement program under
section 148 of such title, the congestion mitigation and air
quality improvement program under section 149 of such title,
and to carry out section 134 of such title--
(A) $38,540,000,000 for fiscal year 2015;
(B) $39,313,000,000 for fiscal year 2016;
(C) $40,102,000,000 for fiscal year 2017; and
(D) $40,904,000,000 for fiscal year 2018.
(2) Critical immediate investments program.--For the
critical immediate investments program under section 2012 of
this Act--
(A) $4,850,000,000 for fiscal year 2015;
(B) $3,850,000,000 for fiscal year 2016;
(C) $2,850,000,000 for fiscal year 2017; and
(D) $1,850,000,000 for fiscal year 2018.
(3) Federal lands and tribal transportation programs.--
(A) Tribal transportation program.--For the Tribal
transportation program under section 202 of title 23,
United States Code--
(i) $507,000,000 for fiscal year 2015;
(ii) $517,000,000 for fiscal year 2016;
(iii) $527,000,000 for fiscal year 2017;
and
(iv) $538,000,000 for fiscal year 2018.
(B) Federal lands transportation program.--For the
Federal lands transportation program under section 203
of such title--
(i) $370,000,000 for fiscal year 2015;
(ii) $377,000,000 for fiscal year 2016;
(iii) $385,000,000 for fiscal year 2017;
and
(iv) $393,000,000 for fiscal year 2018,
of which 5 percent of the amount made available for
each fiscal year shall be for the United States Army
Corps of Engineers; 15 percent of the amount made
available for each fiscal year shall be for the United
States Forest Service; and 80 percent of the amount
made available for each fiscal year shall be for the
Department of the Interior and divided by the Secretary
of the Interior, with notification to the Secretary,
among the National Park Service, the Fish and Wildlife
Service, the Bureau of Land Management, and the Bureau
of Reclamation.
(C) Federal lands access program.--For the Federal
lands access program under section 204 of such title--
(i) $250,000,000 for fiscal year 2015;
(ii) $255,000,000 for fiscal year 2016;
(iii) $260,000,000 for fiscal year 2017;
and
(iv) $265,000,000 for fiscal year 2018.
(D) Nationally significant federal lands and tribal
projects program.--For the nationally significant
Federal lands and Tribal projects program under section
2008 of this Act, $150,000,000 for each of fiscal years
2015 through 2018.
(4) Transportation infrastructure finance and innovation
program.--For credit assistance under the transportation
infrastructure finance and innovation program under chapter 6
of such title, $1,000,000,000 for each of fiscal years 2015
through 2018.
(5) Federal allocation programs.--
(A) On-the-job training.--For surface
transportation and technology training and summer
transportation institutes under section 140(b) of such
title--
(i) $11,000,000 for fiscal year 2015;
(ii) $11,000,000 for fiscal year 2016;
(iii) $11,000,000 for fiscal year 2017; and
(iv) $12,000,000 for fiscal year 2018.
(B) Disadvantaged business enterprises.--For
training programs and assistance programs under section
140(c) of such title--
(i) $11,000,000 for fiscal year 2015;
(ii) $11,000,000 for fiscal year 2016;
(iii) $11,000,000 for fiscal year 2017; and
(iv) $12,000,000 for fiscal year 2018.
(C) Highway use tax evasion projects.--For highway
use tax evasion projects under section 143 of such
title, $10,000,000 for each of fiscal years 2015
through 2018.
(D) Construction of ferry boats and ferry terminal
facilities.--For the construction of ferry boats and
ferry terminal facilities under section 147 of such
title--
(i) $67,000,000 for fiscal year 2015;
(ii) $68,000,000 for fiscal year 2016;
(iii) $70,000,000 for fiscal year 2017; and
(iv) $71,000,000 for fiscal year 2018.
(E) Performance management data support program.--
For the performance management data support program
under section 150(f) of title 23, United States Code,
$10,000,000 for each of fiscal years 2015 through 2018.
(F) Territorial and puerto rico highway program.--
For the territorial and Puerto Rico highway program
under section 165 of such title--
(i) $190,000,000 for fiscal year 2015;
(ii) $194,000,000 for fiscal year 2016;
(iii) $198,000,000 for fiscal year 2017;
and
(iv) $202,000,000 for fiscal year 2018.
(G) Safety outreach, training, and education
activities.--$3,000,000 for each of fiscal years 2015
through 2018 for safety outreach, training, and
education activities.
(H) Jobs-driven skills and opportunity programs.--
$100,000,000 in each of fiscal years 2015 through 2018,
of which--
(i) $30,000,000 for each such fiscal year
shall be for the jobs-driven skills training
program under section 140(b) of such title (as
added by section 1208 of this Act); and
(ii) $70,000,000 for each such fiscal year
shall be for the connection to opportunity
pilot program under section 134(q) of such
title and section 5303(q) of title 49, United
States Code (as added by section 1209 of this
Act).
(b) Disadvantaged Business Enterprises.--
(1) Definitions.--In this subsection, the following
definitions apply:
(A) Small business concern.--
(i) In general.--The term ``small business
concern'' means a small business concern as the
term is used in section 3 of the Small Business
Act (15 U.S.C. 632).
(ii) Exclusions.--The term ``small business
concern'' does not include any concern or group
of concerns controlled by the same socially and
economically disadvantaged individual or
individuals that have average annual gross
receipts during the preceding 3 fiscal years in
excess of $22,410,000, as adjusted annually by
the Secretary for inflation.
(B) Socially and economically disadvantaged
individuals.--The term ``socially and economically
disadvantaged individuals'' has the meaning given the
term in section 8(d) of the Small Business Act (15
U.S.C. 637(d)) and relevant subcontracting regulations
issued pursuant to that Act, except that women shall be
presumed to be socially and economically disadvantaged
individuals for purposes of this subsection.
(2) Amounts for small business concerns.--Except to the
extent that the Secretary determines otherwise, not less than
10 percent of the amounts made available for any program under
titles II and III of this Act and section 403 of title 23,
United States Code, shall be expended through small business
concerns owned and controlled by socially and economically
disadvantaged individuals.
(3) Annual listing of disadvantaged business enterprises.--
Each State that receives funds under title II of this Act,
title III of this Act, or section 403 of title 23, United
States Code, shall annually--
(A) survey and compile a list of the small business
concerns referred to in paragraph (2) in the State,
including the location of the small business concerns
in the State; and
(B) notify the Secretary, in writing, of the
percentage of the small business concerns that are
controlled by--
(i) women;
(ii) socially and economically
disadvantaged individuals (other than women);
and
(iii) individuals who are women and are
otherwise socially and economically
disadvantaged individuals.
(4) Uniform certification.--
(A) In general.--The Secretary shall establish
minimum uniform criteria for use by State governments
in certifying whether a concern qualifies as a small
business concern for the purpose of this subsection.
(B) Inclusions.--The minimum uniform criteria
established under subparagraph (A) shall include, with
respect to a potential small business concern--
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of
principal owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(5) Reporting.--The Secretary shall establish minimum
requirements for use by State governments in reporting to the
Secretary--
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
(B) such other information as the Secretary
determines to be appropriate for the proper monitoring
of the disadvantaged business enterprise program.
(6) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an individual or entity to
receive funds made available under titles II and III of this
Act and section 403 of title 23, United States Code, if the
entity or person is prevented, in whole or in part, from
complying with paragraph (2) because a Federal court issues a
final order in which the court finds that a requirement or the
implementation of paragraph (2) is unconstitutional.
(c) Conforming Amendments.--
(1) Puerto rico and territorial highways.--Section 165(a)
of title 23, United States Code, is amended to read as follows:
``(a) Division of Funds.--Of funds made available for the
territorial and Puerto Rico highway program--
``(1) for fiscal year 2015--
``(A) $150,000,000 shall be for the Puerto Rico
highway program under subsection (b); and
``(B) $40,000,000 shall be for the territorial
highway program under subsection (c);
``(2) for fiscal year 2016--
``(A) $153,000,000 shall be for the Puerto Rico
highway program under subsection (b); and
``(B) $41,000,000 shall be for the territorial
highway program under subsection (c);
``(3) for fiscal year 2017--
``(A) $156,000,000 shall be for the Puerto Rico
highway program under subsection (b); and
``(B) $42,000,000 shall be for the territorial
highway program under subsection (c);
``(4) for fiscal year 2018--
``(A) $159,000,000 shall be for the Puerto Rico
highway program under subsection (b); and
``(B) $43,000,000 shall be for the territorial
highway program under subsection (c).''.
(2) Disadvantaged business enterprises.--Section 140(c) of
such title is amended by striking ``From administrative funds
made available under section 104(a), the Secretary shall deduct
such sums as necessary, not to exceed $10,000,000 per fiscal
year, for the administration of this subsection.''.
(3) Highway use tax evasion projects.--Section 143(b)(2) of
such title is amended to read as follows:
``(2) Funding.--Funds made available to carry out this
section may be allocated to the Internal Revenue Service and
the States at the discretion of the Secretary, except that of
funds so made available for each fiscal year, $2,000,000 shall
be available only to carry out intergovernmental enforcement
efforts, including research and training.''.
(4) Construction of ferry boats and ferry terminal
facilities.--Section 147 of such title is amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively.
SEC. 2002. OBLIGATION LIMITATION.
(a) General Limitation.--Subject to subsection (e), and
notwithstanding any other provision of law, the obligations for
Federal-aid highway and highway safety construction programs shall not
exceed--
(1) $47,323,248,000 for fiscal year 2015;
(2) $48,141,248,000 for fiscal year 2016;
(3) $48,977,248,000 for fiscal year 2017; and
(4) $49,829,248,000 for fiscal year 2018.
(b) Exceptions.--The limitations under subsection (a) shall not
apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (but, for
each of fiscal years 2005 through 2012, only in an amount equal
to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2018, only in an amount equal
to $639,000,000 for each of those fiscal years).
(c) Distribution of Obligation Authority.--For each of fiscal years
2015 through 2018, the Secretary--
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) or from the
Highway Account of the Transportation Trust Fund for
Federal-aid highway and highway safety construction
programs for previous fiscal years the funds for which
are allocated by the Secretary (or apportioned by the
Secretary under sections 202 or 204 of title 23, United
States Code); and
(B) for which obligation authority was provided in
a previous fiscal year;
(3) shall determine the proportion that--
(A) the obligation authority provided by subsection
(a) for the fiscal year, less the aggregate of amounts
not distributed under paragraphs (1) and (2) of this
subsection; bears to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums
authorized to be appropriated for provisions of law
described in paragraphs (1) through (11) of subsection
(b) and sums authorized to be appropriated for section
119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for the fiscal
year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this
subsection;
(4) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed
under paragraphs (1) and (2), for each of the programs (other
than programs to which paragraph (1) applies) that are
allocated by the Secretary under this Act and title 23, United
States Code, or apportioned by the Secretary under sections 202
or 204 of that title, by multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for the fiscal year; and
(5) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed
under paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the national highway performance program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) or under
this Act in the proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, or under this Act to each State for the
fiscal year; bears to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned
under title 23, United States Code, or under this Act
to all States for the fiscal year.
(d) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (c), the Secretary shall, after August 1 of each of fiscal
years 2015 through 2018--
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment of
Public Law 112-141) and 104 of title 23, United States Code.
(e) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply to
contract authority for transportation research programs carried
out under--
(A) chapter 5 of title 23, United States Code; and
(B) Title VIII of this Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal
years; and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(f) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation authority under subsection (c) for
each of fiscal years 2015 through 2018, the Secretary shall
distribute to the States any funds (excluding funds authorized
for the program under section 202 of title 23, United States
Code) that--
(A) are authorized to be appropriated for the
fiscal year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated
to the States (or will not be apportioned to the States
under section 204 of title 23, United States Code), and
will not be available for obligation, for the fiscal
year because of the imposition of any obligation
limitation for the fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (c)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
SEC. 2003. APPORTIONMENT.
(a) Section 104 Amendments.--Section 104 of title 23, United States
Code, is amended--
(1) by amending subsection (a)(1) to read as follows:
``(1) In general.--There are authorized to be appropriated
from the Highway Account of the Transportation Trust Fund to be
made available to the Secretary for administrative expenses of
the Federal Highway Administration--
``(A) $442,248,000 for fiscal year 2015;
``(B) $451,248,000 for fiscal year 2016;
``(C) $460,248,000 for fiscal year 2017; and
``(D) $469,248,000 for fiscal year 2018.''.
(2) in subsection (c)(2)--
(A) by adding ``and thereafter'' after ``2014'' the
first time it appears; and
(B) in subparagraph (A) by adding ``and each fiscal
year thereafter'' after ``2014''; and
(3) by inserting at the end the following:
``(h) Implementation of Future Strategic Highway Research Program
Findings and Results.--Before making an apportionment under subsection
(c) for each of fiscal years 2015 through 2018, the Secretary may set
aside up to $25,000,000 for each fiscal year to carry out the
implementation of future strategic highway research program findings
and results under section 503(c)(2)(C). Funds expended under this
subsection shall not be considered to be part of the extramural budget
of the agency for the purpose of section 9 of the Small Business Act
(15 U.S.C. 638)''.
(b) Conforming Amendment.--Section 505 of title 23, United States
Code, is amended by striking subsection (c) and redesignating
subsections (d) and (e) as (c) and (d), respectively.
SEC. 2004. FEDERAL LANDS TRANSPORTATION PROGRAM.
(a) Definitions.--Section 101(a) of title 23, United States Code,
is amended--
(1) in paragraph (8) by striking ``is adjacent to,''; and
(2) by striking paragraphs (9) and (10) and redesignating
paragraphs (11) through (34) as paragraphs (9) through (32),
respectively.
(b) Other Amendments.--Section 203 of title 23, United States Code,
is amended--
(1) in subsection (a)(1), by--
(A) striking ``; and'' at the end of subparagraph
(C) and inserting a period; and
(B) striking subparagraph (D);
(2) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``2011'' and inserting ``2012''; and
(B) in subparagraph (B)--
(i) by striking ``; and'' at the end of
clause (iv) and inserting a semicolon;
(ii) by striking the period at the end of
clause (v) and insert ``; and''; and
(iii) by inserting at the end the
following:
``(vi) the Bureau of Reclamation.'';
(3) at the end of subsection (c)(2)(B), by inserting the
following:
``(vi) The Bureau of Reclamation.''; and
(4) by striking subsection (d).
(c) Performance Management.--Section 203(b)(2)(B) of title 23,
United States Code, is amended by inserting ``performance management,
including'' after ``support''.
SEC. 2005. EMERGENCY RELIEF FOR FEDERALLY OWNED ROADS.
(a) Federal Share.--Section 120(e)(2) of title 23, United States
Code, is amended by striking ``Federal land access transportation
facilities'' and inserting ``other federally owned roads that are open
to public travel (as defined in section 125(e)(1) of this title)''.
(b) Eligibility.--Section 125(d)(3) of title 23, United States
Code, is amended--
(1) at the end of subparagraph (A) by striking ``or'';
(2) at the end of subparagraph (B) by striking the period
and inserting ``; or''; and
(3) by inserting at the end the following:
``(C) projects eligible for assistance under this
section located on Tribal transportation facilities,
Federal lands transportation facilities, or other
federally owned roads that are open to public
travel.''.
(c) Definition.--Section 125(e) of title 23, United States Code, is
amended by striking paragraph (1) and inserting the following:
``(1) Definitions.--In this subsection--
``(A) `open to public travel' means, with respect
to a road, that, except during scheduled periods,
extreme weather conditions, or emergencies, the road is
maintained and open to the general public and can
accommodate travel by a standard passenger vehicle,
without restrictive gates or prohibitive signs or
regulations, other than for general traffic control or
restrictions based on size, weight, or class of
registration; and
``(B) `standard passenger vehicle' means a vehicle
with six inches of clearance from the lowest point of
the frame, body, suspension, or differential to the
ground.''.
SEC. 2006. TRIBAL HIGH PRIORITY PROJECTS PROGRAM AND TRIBAL
TRANSPORTATION PROGRAM AMENDMENTS.
(a) In General.--Section 202 of title 23, United States Code, is
amended as follows:
(1) In subsection (a)(1)--
(A) in subparagraph (A), by striking the final
semicolon and inserting ``; and'';
(B) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C).
(2) In subsection (b)(3)(A)(i), by striking ``and
subsections (c), (d), and (e)'' and inserting ``and subsections
(a)(6), (c), (d), (e), and (g)''.
(3) In subsection (c)(1), by striking ``2 percent'' and
inserting ``3 percent''.
(4) In subsection (d)(2), by striking ``2 percent'' and
inserting ``4 percent''.
(5) Inserting after subsection (f) the following:
``(g) Tribal High Priority Projects Program.--
``(1) Funding.--Before making any distribution under
subsection (b), the Secretary shall set aside not more than 7
percent of the funds made available for the Tribal
transportation program for that fiscal year to carry out this
subsection.
``(2) Eligible applicants.--Applicants eligible for program
funds under this subsection include--
``(A) an Indian tribe whose annual allocation of
funding under subsection (b) is insufficient to
complete the highest priority project of the Indian
tribe;
``(B) a governmental subdivision of an Indian
tribe--
``(i) that is authorized to administer the
funding of the Indian tribe under this section;
and
``(ii) for which the annual allocation
under subsection (b) is insufficient to
complete the highest priority project of the
Indian tribe; or
``(C) any Indian tribe or governmental subdivision
of an Indian tribe that has an emergency or disaster
with respect to a transportation facility included on
the national inventory of Tribal transportation
facilities under subsection (b)(1).
``(3) Eligible facilities and activities.--To be funded
under this subsection, a project--
``(A) shall be on a Tribal transportation facility
that is included in the national inventory of Tribal
transportation facilities under subsection (b)(1); and
``(B) except as specified in paragraph (4), shall
be an activity eligible under--
``(i) subsection (a)(1); or
``(ii) the emergency relief program,
authorized under section 125 of this title, but
that does not meet the funding thresholds under
part 668 of title 23, Code of Federal
Regulations.
``(4) Limitation on use of funds.--Funds under this
subsection shall not be used for--
``(A) transportation planning;
``(B) research;
``(C) routine maintenance activities;
``(D) structures and erosion protection unrelated
to transportation and roadways;
``(E) general reservation planning not involving
transportation;
``(F) landscaping and irrigation systems not
involving a transportation program or project;
``(G) work performed on a project that is not
included on a transportation improvement program
approved by the Federal Highway Administration, unless
otherwise authorized by the Secretary of the Interior
and the Secretary;
``(H) the purchase of equipment, unless otherwise
authorized by Federal law; or
``(I) the condemnation of land for recreational
trails.
``(5) Project applications; funding.--
``(A) In general.--To apply for funds under this
subsection, an eligible applicant shall submit to the
Department of the Interior or the Department of
Transportation an application that includes--
``(i) project scope of work, including
deliverables, budget, and timeline;
``(ii) the amount of funds requested;
``(iii) project information addressing--
``(I) the ranking criteria
identified in subparagraph (C); or
``(II) the nature of the emergency
or disaster;
``(iv) documentation that the project meets
the definition of a Tribal transportation
facility and is included in the national
inventory of Tribal transportation facilities
under subsection (b)(1);
``(v) documentation of official Tribal
action requesting the project;
``(vi) documentation from the Indian tribe
providing authority for the Secretary of the
Interior to place the project on a
transportation improvement program if the
project is selected and approved; and
``(vii) any other information the Secretary
of the Interior or Secretary considers
appropriate to make a determination.
``(B) Limitation on applications.--An applicant for
funds under the program may only have one application
for assistance under this subsection pending at any one
time, including any emergency or disaster project
application under paragraph (6).
``(C) Application ranking.--
``(i) In general.--The Secretary of the
Interior and the Secretary shall determine the
eligibility of, and fund, program applications,
subject to the availability of funds.
``(ii) Ranking criteria.--The project
ranking criteria for applications under this
subsection shall include--
``(I) the existence of safety
hazards with documented fatality and
injury crashes;
``(II) the number of years since
the Indian tribe last completed a
construction project funded by the
Indian Reservation Roads program (as in
effect the day before the date of
enactment of MAP-21) or the tribal
transportation program under section
202 of title 23, United States Code;
``(III) the readiness of the Indian
tribe to proceed to construction or
bridge design need;
``(IV) the percentage of project
costs matched by funds that are not
provided under this section, with
projects with a greater percentage of
other sources of matching funds ranked
ahead of lesser matches);
``(V) the amount of funds
requested, with requests for lesser
amounts given greater priority;
``(VI) the challenges caused by
geographic isolation; and
``(VII) all-weather access for
employment, commerce, health, safety,
educational resources, or housing.
``(iii) Project scoring matrix.--The
project scoring matrix established in subpart I
of part 170 of title 25, Code of Federal
Regulations (as in effect on July 19, 2004),
shall be used to rank all applications accepted
under this subsection.
``(D) Funding priority list.--
``(i) In general.--The Secretary of the
Interior and the Secretary shall jointly
produce a funding priority list that ranks the
projects approved for funding under the
program.
``(ii) Limitation.--The number of projects
on the list shall be limited by the amount of
funding set aside for this subsection.
``(E) Timeline.--The Secretary of the Interior and
the Secretary shall--
``(i) establish deadlines for applications;
``(ii) notify all applicants and Regions in
writing of acceptance of applications;
``(iii) rank all accepted applications in
accordance with the project scoring matrix,
develop the funding priority list, and return
unaccepted applications to the applicant with
an explanation of deficiencies;
``(iv) notify all accepted applicants of
the projects included on the funding priority
list; and
``(v) distribute funds to successful
applicants.
``(6) Emergency or disaster project applications.--
``(A) In general.--Notwithstanding paragraph
(5)(E), an eligible applicant may submit an emergency
or disaster project application at any time.
``(B) Consideration as priority.--The Secretary of
the Interior and the Secretary shall--
``(i) consider project applications
submitted under this paragraph to be a priority
project under this subsection; and
``(ii) fund the project applications in
accordance with subparagraph (C).
``(C) Funding.--
``(i) In general.--If an eligible applicant
submits an application for a project under this
paragraph before the issuance of the list under
paragraph (5)(D) and the project is determined
to be eligible for program funds, the Secretary
of the Interior and the Secretary shall provide
funding for the project before providing
funding for other approved projects on the
list.
``(ii) Submission after issuance of list.--
If an eligible applicant submits an application
under this subsection after the issuance of the
list under paragraph (5)(D) and the
distribution of program funds in accordance
with the list, the Secretary of the Interior
and the Secretary shall provide funding for the
project on the date on which unobligated funds
provided to projects on the list are returned
to the respective Department.
``(iii) Effect on other projects.--If the
Secretary of the Interior and the Secretary use
funding previously designated for a project on
the list under paragraph (5)(D) to fund an
emergency or disaster project under this
paragraph, the project on the list that did not
receive funding as a result of the
redesignation of funds shall move to the top of
the list the following year.
``(D) Emergency or disaster project cost.--The cost
of a project submitted as an emergency or disaster
under this paragraph shall equal at least 10 percent of
the distribution of funds of the Indian tribe under
subsection (b).
``(7) Limitation on project amounts.--Project funding shall
be limited to a maximum of $1,500,000 per application, except
that funding for disaster or emergency projects shall also be
limited to the estimated cost of repairing damage to the Tribal
transportation facility.
``(8) Cost estimate certification.--All cost estimates
prepared for a project shall be required to be submitted by the
applicant to the Secretary of the Interior or the Secretary for
certification and approval.''.
(b) Conforming Amendment.--Section 1123 of the Moving Ahead for
Progress in the 21st Century Act (Public Law 112-141) is repealed.
SEC. 2007. FEDERAL LANDS ACCESS PROGRAM FEDERAL SHARE.
Section 201(b)(7) of title 23, United States Code, is amended--
(1) in subparagraph (A), by striking ``shall be 100
percent'' and inserting ``may be up to 100 percent''; and
(2) in subparagraph (B), by inserting before the final
period ``, except that the Federal share for the cost of a
project on a Federal lands access transportation facility owned
by a county, town, township, municipal, Tribal, or local
government may be up to 95 percent''.
SEC. 2008. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS
PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 206 the following:
``SEC. 207. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS
PROGRAM.
``(a) Purpose.--The Secretary shall establish a nationally
significant Federal lands and tribal projects program to provide
funding needed to construct, reconstruct, or rehabilitate nationally
significant Federal lands and Tribal transportation projects.
``(b) Applicants.--
``(1) In general.--Except as specified in paragraph (2),
entities eligible to receive funds under sections 201, 202, 203
and 204 of this title may apply for funding under this program.
``(2) Special rule.--A State, county or local government
may only apply if sponsored by an eligible Federal Land
Management Agency or Indian tribe.
``(c) Eligible Projects.--An eligible project under this section
shall be a single continuous project--
``(1) on a Federal lands transportation facility, a Federal
lands access transportation facility, or a Tribal
transportation facility, as defined under section 101 of this
title, except that such facility is not required to be included
on an inventory as described under section 202 or 203 of title
23, United States Code;
``(2) for which completion of activities required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) has been demonstrated through a record of decision with
respect to the project, a finding that the project has no
significant impact, or a determination that the project is
categorically excluded; and
``(3) having an estimated cost, based on the results of
preliminary engineering, equal to or exceeding $25,000,0000,
with priority consideration given to projects with an estimated
cost equal to or exceeding $50,000,000.
``(d) Eligible Activities.--An applicant receiving funds under this
section may only use such funds for construction, reconstruction, and
rehabilitation activities, except that activities related to project
design are not eligible.
``(e) Applications.--Applicants shall submit to the Secretary an
application in such form and in accordance with such requirements as
the Secretary shall establish.
``(f) Selection Criteria.--In selecting a project to receive funds
under this program the Secretary shall consider the extent to which the
project--
``(1) furthers Departmental goals such as state of good
repair, environmental sustainability, economic competitiveness,
quality of life, or safety;
``(2) improves the condition of critical multimodal
transportation facilities;
``(3) needs construction, reconstruction, or
rehabilitation;
``(4) is included in or eligible for inclusion in the
National Register of Historic Places;
``(5) enhances environmental ecosystems;
``(6) uses new technologies and innovations that enhance
the efficiency of the project;
``(7) is supported by funds other than those received under
this title to construct, maintain, and operate the facility;
``(8) spans 2 or more States; and
``(9) serves lands owned by multiple Federal agencies or
Tribes.''.
(b) Conforming Amendments.--
(1) Availability of funds.--Section 201(b) of such title is
amended--
(A) in paragraph (1), by inserting ``nationally
significant Federal lands and tribal projects
program,'' after ``Federal lands transportation
program,'';
(B) in paragraph (4)(A), by inserting ``nationally
significant Federal lands and tribal projects
program,'' after ``Federal lands transportation
program,''; and
(C) by adding at the end of paragraph (7) the
following--
``(C) Nationally significant federal lands and
tribal projects program.--The Federal share of the cost
of a project carried out under the nationally
significant Federal lands and tribal projects program
may be up to 100 percent.''.
(2) Planning.--Section 201(c)(3) of such title is amended
by inserting ``nationally significant Federal lands and tribal
projects program'' after ``Federal lands transportation
program,'' the first time it appears.
(3) Analysis.--The analysis for chapter 2 of such title is
amended by inserting after the item related to 206 the
following:
``207. Nationally significant Federal lands and tribal projects
program''.
SEC. 2009. FEDERAL LANDS PROGRAMMATIC ACTIVITIES.
(a) Transportation Planning.--Section 201(c) of title 23, United
States Code, is amended--
(1) in paragraph (6)(A) by--
(A) inserting a period after ``Tribal
transportation program'';
(B) inserting ``Data collected to implement the
Tribal transportation program shall be'' before ``in
accordance with''; and
(C) striking ``, including'' and inserting ``. Data
collected under this paragraph includes''; and
(2) by striking paragraph (7) and inserting the following:
``(7) Cooperative research and technology deployment.--The
Secretary may conduct cooperative research and technology
deployment in coordination with Federal land management
agencies, as deemed appropriate by the Secretary.
``(8) Funding.--
``(A) In general.--To implement activities
described in this subsection for Federal lands
transportation facilities, Federal lands access
transportation facilities, and other federally owned
roads open to public travel (as defined under section
125 of this title), the Secretary shall combine and use
not more than 5 percent for each fiscal year of the
funds authorized for programs under sections 203 and
204 of this title.
``(B) Other activities.--In addition to the
activities specified in subparagraph (A), funds
described under such subparagraph may also be used
for--
``(i) bridge inspections on any Federally
owned bridge even if such bridge is not
included on the inventory, as described under
section 203 of this title; and
``(ii) transportation planning activities
undertaken by any Federal agency.
``(C) Eligible entities.--Funds described under
subparagraph (A) may be used by the following agencies:
``(i) Bureau of Land Management;
``(ii) Bureau of Reclamation;
``(iii) Military Surface Deployment and
Distribution Command;
``(iv) National Park Service;
``(v) Tennessee Valley Authority;
``(vi) United States Air Force;
``(vii) United States Army;
``(viii) United States Army Corps of
Engineers;
``(ix) United States Fish & Wildlife
Service;
``(x) United States Forest Service; and
``(xi) United States Navy.
``(D) Special rule.--Notwithstanding subparagraphs
(A) through (C), a Federal Land Management Agency
receiving funds to carry out section 203 of this title
may use funds authorized for that section to meet the
requirements of this subsection.
``(b) Coordination.--Section 201 of such title is amended by adding
at the end the following
``(f) Federal Lands Transportation Executive Council.--The
Secretary periodically shall convene and chair a Federal Lands
Transportation Executive Council, which shall be composed of
Secretaries of the appropriate Federal Land Management Agencies or
their designees, and chaired by the Secretary or the Secretary's
designee. The purpose of the Federal Lands Transportation Executive
Council is to consult on interdepartmental data standardization,
technology integration, and interdepartmental consistency.''.
SEC. 2010. BRIDGES REQUIRING CLOSURE OR LOAD RESTRICTIONS.
Section 144(h) of title 23, United States Code, is amended by--
(1) redesignating paragraphs (6) and (7) as paragraphs (7)
and (8), respectively;
(2) inserting after paragraph (5), the following new
paragraph:
``(6) Bridges requiring closure or load restrictions.--
``(A) Bridges owned by federal agencies or tribal
governments.--If a Federal agency or Tribal government
fails to ensure that any highway bridge that is open to
public travel and is located within the jurisdiction of
the Federal agency or Tribal government is properly
closed or restricted to loads it can carry safely, the
Secretary--
``(i) shall, upon learning of the need to
close such bridge or to restrict loads on it,
require the Federal agency or Tribal government
to take action necessary to--
``(I) close the bridge within 48
hours; or
``(II) within 30 days, restrict
public travel on the bridge to loads
the bridge can carry safely; and
``(ii) may, if the Federal agency or Tribal
government fails to take action necessary under
clause (i), withhold all funding authorized
under this title for the Federal agency or
Tribal government.
``(B) Other bridges.--If a State fails to ensure
that any highway bridge (other than a bridge described
in subparagraph (A)) that is open to public travel and
is located within the boundaries of the State is
properly closed or restricted to loads it can carry
safely, the Secretary--
``(i) shall, upon learning of the need to
close such bridge or to restrict loads on it,
require the State to take action necessary to--
``(I) close the bridge within 48
hours; or
``(II) within 30 days, restrict
public travel on the bridge to loads
the bridge can carry safely; and
``(ii) may, if the State fails to take
action necessary under clause (i), withhold
approval for Federal-aid projects in such
State.''; and
(3) in paragraph (8), as redesignated, by striking ``(6)''
and inserting ``(7)''.
SEC. 2011. BROADBAND INFRASTRUCTURE DEPLOYMENT.
(a) Policy.--It is in the national interest for the Department of
Transportation and State departments of transportation to expand the
use of rights-of-way on Federal-aid highways to accommodate broadband
infrastructure; to ensure the safe and efficient accommodation of
broadband infrastructure in the public right-of-way; to identify areas
where additional broadband infrastructure is most needed; to include
broadband stakeholders in the transportation planning process; to
coordinate highway construction plans with other statewide
telecommunications and broadband plans; and to improve broadband
connectivity to rural communities and improve broadband services in
urban areas.
(b) Establishment of Broadband Infrastructure Deployment
Initiative.--
(1) In general.--To advance the policy identified in
subsection (a), the Secretary shall carry out a broadband
infrastructure deployment initiative under this section.
(2) Advancing the use of best practices.--In order to
expand the installation of broadband infrastructure, the
Secretary shall require each State that receives funds under
title II of this Act to meet the following requirements:
(A) Broadband coordination.--Each State department
of transportation shall--
(i) have a broadband utility coordinator
responsible for coordinating the broadband
infrastructure needs of the State with Federal-
aid highway projects;
(ii) provide for online registration of
broadband infrastructure entities that seek to
be included in such broadband infrastructure
coordination efforts within the State;
(iii) coordinate with other State and local
agencies and broadband infrastructure entities
registered with the State department of
transportation under clause (ii) and the First
Responder Network Authority (FirstNet) as
established in section 6204 of the Middle Class
Tax Relief and Job Creation Act of 2012 (42
U.S.C. 1424), to review areas within the State
that are unserved or underserved by broadband;
and
(iv) include broadband infrastructure
entities registered with the State department
of transportation under clause (ii) in the
transportation planning processes under
sections 134 and 135 of title 23, United States
Code.
(B) Broadband infrastructure coordination plan.--
Each State department of transportation shall--
(i) based on the coordination under
subparagraph (A), develop a comprehensive State
broadband infrastructure coordination plan to
expand the adoption and deployment of broadband
infrastructure within the State through, at a
minimum, the use of rights-of-way for Federal-
aid highways and strategies to support
increased availability and adoption in unserved
and underserved areas in accordance with
paragraph (2)(A)(iii);
(ii) to the extent practicable, coordinate
the State broadband infrastructure coordination
plan with other statewide telecommunication or
broadband plans, and with State and local
transportation and land use plans;
(iii) include in its State broadband
infrastructure coordination plan strategies to
minimize repeated excavations that involve the
installation of broadband infrastructure in the
right-of-way; and
(iv) include in its State broadband
infrastructure coordination plan strategies to
support increased broadband availability and
adoption in unserved and underserved areas in
accordance with paragraph (2)(A)(iii).
(C) Right-of-way access.--Notwithstanding any other
provision of law--
(i) each State department of transportation
shall--
(I) allow the installation of
broadband infrastructure in the right-
of-way of every Federal-aid highway to
the extent the State holds sufficient
ownership rights to authorize such
accommodation; and
(II) establish reasonable
conditions to provide right-of-way
access to broadband infrastructure
entities to construct, operate, and
maintain broadband infrastructure, and
may prohibit such uses that would
adversely affect highway or traffic
safety. Such use and access shall be
free of charge to a broadband
infrastructure entity requesting access
for the purposes of broadband
infrastructure installation; and
(ii) each State may--
(I) designate one or more
longitudinal areas within each right-
of-way to accommodate broadband
infrastructure; and
(II) require all broadband
infrastructure entities to locate their
broadband infrastructure within such
longitudinal areas.
(D) Innovation.--Each State department of
transportation shall consider new technology and
construction practices that would allow for the safe
and efficient accommodation of broadband infrastructure
in the right-of-way.
(3) State flexibility.--A State meeting the requirements
under paragraph (2) may use funds authorized for the surface
transportation program under section 133 of title 23, United
States Code, and the national highway performance program under
section 119 of such title, to install broadband infrastructure
as part of a Federal-aid highway project located in an area
identified under paragraph (2)(A)(iii), and the broadband
infrastructure may be utilized to support non-transportation
purposes in addition to transportation purposes.
(c) Definitions.--In this section, the following definitions apply:
(1) Broadband infrastructure.--The term ``broadband
infrastructure'' means buried or aerial facilities, wireless or
wireline connection that enables users to send and receive
voice, video, data, graphics, or a combination thereof.
(2) Broadband infrastructure entity.--The term ``broadband
infrastructure entity'' means any entity that installs, owns,
or operates broadband infrastructure and provides services to
members of the public.
(3) Right-of-way.--The term ``right-of-way'' means any real
property, or interest therein, acquired, dedicated, or reserved
for the construction, operation, and maintenance of a Federal-
aid highway.
(4) State.--The term ``State'' means any of the 50 States,
the District of Columbia, or Puerto Rico.
SEC. 2012. CRITICAL IMMEDIATE INVESTMENTS PROGRAM.
(a) Establishment.--The Secretary shall establish a program under
this section to make critical and immediate improvements to
infrastructure and highway safety. This program shall include--
(1) the interstate bridge revitalization initiative under
subsection (b);
(2) the systemic safety initiative under subsection (c);
and
(3) the state of good repair initiative under subsection
(d).
(b) Interstate Bridge Revitalization Initiative.--
(1) Apportionment.--The Secretary shall apportion funds
made available to carry out this subsection for a fiscal year
among States in the ratio that--
(A) the amount of funds that the Secretary
apportions to the State for such fiscal year for the
national highway performance program under section
104(b)(1) of title 23, United States Code; bears to
(B) the amount of funds that the Secretary
apportions to all States for such fiscal year for such
program under such section.
(2) Use of funds.--
(A) If above threshold.--If the Secretary
determines that more than 5 percent of the total deck
area of bridges on the Interstate System in a State is
located on bridges that the Secretary has classified as
structurally deficient, the State may use funds under
this subsection to repair, rehabilitate, or replace
structurally deficient bridges on the Interstate
System.
(B) If below threshold.--If the Secretary
determines that less than 5 percent of the total deck
area of bridges on the Interstate System in a State is
located on bridges that the Secretary has classified as
structurally deficient, the State may use funds under
this subsection to repair, rehabilitate, or replace
structurally deficient bridges on the National Highway
System.
(C) Exclusion.--A State may not use funds under
this subsection to construct a new bridge except as a
replacement for an eligible structurally deficient
bridge.
(c) Systemic Safety Initiative.--
(1) Distribution of funds.--
(A) Apportionment.--Subject to subparagraph (B),
the Secretary shall apportion funds made available to
carry out this subsection for a fiscal year among
States in the ratio specified in subsection (b)(1).
(B) Reservation of funds.--Before apportioning
funds under paragraph (1) in a fiscal year, the
Secretary shall reserve $75,000,000 under this
subsection for use under paragraph (3).
(2) Eligible uses of funds.--
(A) In general.--A State may use funds under this
subsection on--
(i) systemic safety improvements that are--
(I) eligible uses of funding under
section 148 of title 23, United States
Code;
(II) consistent with the State's
strategic highway safety plan under
such section; and
(III) located on a highway that is
not owned by the State; and
(ii) data improvement activities (or safety
data systems) related to highways described in
clause (i)(III).
(B) Special rule.--Notwithstanding subparagraph
(A)(i)(III), if a State, in the judgment of the
Secretary, meets its infrastructure safety needs
relating to systemic safety improvements on highways
that are not owned by the State, the State may use
funds under this subsection on such an improvement--
(i) that is located on a highway owned by
the State; and
(ii) that meets the requirements of
subparagraphs (A)(i)(I) and (A)(i)(II).
(3) Build to evaluate.--
(A) In general.--The Secretary shall provide grants
under this paragraph to--
(i) allow local agencies to implement
systemic safety improvements; and
(ii) enable the Secretary to evaluate the
effectiveness of such improvements.
(B) Eligible applicants.--A local agency seeking to
receive a grant under this paragraph shall--
(i) submit to the Secretary an application
in such form and in accordance with such
requirements as the Secretary shall establish;
and
(ii) agree to provide the Secretary with
data sufficient, in the judgment of the
Secretary, to allow the Secretary to rigorously
evaluate the effectiveness of the projects that
the agency implements with such a grant.
(4) Definitions.--In this subsection, the terms ``data
improvement activities,'' ``safety data system,'' ``systemic
safety improvement'' and ``strategic highway safety plan'' have
the same meaning as in section 148 of title 23, United States
Code.
(d) State of Good Repair Initiative.--
(1) Apportionment.--The Secretary shall apportion funds
made available to carry out this subsection for a fiscal year
among States in the ratio specified in subsection (b)(1).
(2) Eligible uses of funds.--
(A) In general.--Subject to subparagraph (B), a
State may use funds under this subsection to--
(i) reconstruct, resurface, restore,
rehabilitate, or preserve a highway on the
National Highway System; or
(ii) replace, rehabilitate, preserve, or
protect a bridge or tunnel on the National
Highway System.
(B) Preservation projects.--A State may use 50
percent of the funds that the Secretary apportions to
the State under paragraph (1) only for preservation or
rehabilitation projects under subparagraph (A) that
would prevent or reduce the need for more costly future
repair or replacement.
(3) Use of systems.--In selecting projects to fund under
this subsection, a State shall use information from its
pavement and bridge management systems to identify potential
projects that need immediate action to preserve the asset and
avoid further deterioration.
(e) Transfers.--Notwithstanding subsection (d), a State may
transfer up to 100 percent of its apportionment under such subsection--
(1) to its apportionment under subsection (b) if, in the
judgment of the Secretary, such transfer will help the State to
meet the performance targets that the State has established
under section 150(d) of title 23, United States Code, in
relation to the national highway performance program; or
(2) to its apportionment under subsection (c) if, in the
judgment of the Secretary, such transfer will help the State to
meet the performance targets that the State has established
under section 150(d) of such title in relation to the highway
safety improvement program.
(f) Administration of Funds.--
(1) Availability of funds.--Of the funds authorized for
each fiscal year for the Critical Immediate Investments
Program--
(A) 25 percent shall be available for the
Interstate Bridge Revitalization Initiative under
subsection (b);
(B) 25 percent shall be available for the Systemic
Safety Initiative under subsection (c); and
(C) 50 percent shall be available for the State of
Good Repair Initiative under subsection (d).
(2) Contract authority.--Except as specified in paragraph
(2), funds made available for the program under this section
shall be available for obligation and administered as if
apportioned under chapter 1 of title 23, United States Code.
(3) Federal share.--
(A) In general.--The Federal share of the cost of a
project under this section may be up to 80 percent of
the total project cost.
(B) Use of other federal funds.--A State may use to
pay the non-Federal share of a project under this
section Federal funds apportioned or allocated to the
State under title 23, United States Code.
SEC. 2013. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
Subsections (b) and (c) of section 1528 of the Moving Ahead for
Progress in the 21st Century Act (Public Law 112-141; 126 Stat. 582)
are amended by striking ``shall be 100 percent'' and inserting ``shall
be up to 100 percent'' each place it appears.
Subtitle B--Performance Management
SEC. 2101. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.
(a) Performance Management Data Support Program.--Section 150 of
title 23, United States Code, is amended by inserting at the end the
following:
``(f) Performance Management Data Support.--To assist metropolitan
planning organizations, States, and the Department in carrying out
performance management analyses, including the performance management
requirements of this chapter, the Secretary shall create and maintain
data sets and data analysis tools. Such activities may include--
``(1) collecting and distributing vehicle probe data
describing traffic on the National Highway System;
``(2) collecting household travel behavior data crossing
local jurisdictional boundaries to accommodate external and
through travel;
``(3) enhancing existing data collection and analysis tools
to accommodate performance measures, targets, and related data;
``(4) enhancing existing data analysis tools to improve
performance predictions in reports described in subsection (e)
or section 5405 of title 49; and
``(5) developing tools to improve performance analysis and
evaluate the effects of project investments on performance.''.
(b) Federal Share.--Section 120 of such title is amended by adding
at the end the following:
``(l) Performance Management Data Support Program.--The Federal
share payable on account of an activity under the performance
management data support program under section 150(f) shall be 100
percent of the cost of the activity.''.
SEC. 2102. PERFORMANCE PERIOD ADJUSTMENT.
(a) Highway Safety Improvement Program.--Section 148(i) of title
23, United States Code, is amended in the matter preceding paragraph
(1), by striking ``by the date that is 2 years after the date of the
establishment of the performance targets''.
(b) National Highway Performance Program.--Section 119 of title 23,
United States Code, is amended--
(1) in subsection (e)(7), by striking ``for 2 consecutive
reports submitted under this paragraph shall include in the
next report submitted'' and inserting ``shall include as part
of the performance target report''; and
(2) in subsection (f)(1)(A), by striking ``If, during 2
consecutive reporting periods, the condition of the Interstate
System, excluding bridges on the Interstate System, in a State
falls'' and inserting ``If a State reports that the condition
of the Interstate System, excluding bridges on the Interstate
System, has fallen''.
SEC. 2103. MULTIMODAL ACCOMMODATIONS.
(a) Design Standards.--Section 109 of title 23, United States Code,
is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``may take into account''
and inserting ``shall take into account''; and
(ii) by striking paragraph (1)(C) and
inserting the following:
``(C) access and safety for users of all
foreseeable modes of transportation.''; and
(B) in paragraph (2), by striking ``may develop''
and inserting ``shall develop''; and
(2) in subsection (m), by--
(A) striking ``and light motorcycles''; and
(B) inserting ``, safe, convenient, and
continuous'' before ``alternate route''.
(b) Transportation Alternatives.--
(1) Federal share.--Section 120 of title 23, United States
Code, as amended by this Act, is further amended by adding at
the end the following:
``(m) Transportation Alternatives Program.--The Federal share
requirements under this section applicable to the transportation
alternatives program under section 213 of this title may be met based
on--
``(1) an individual project or activity under that section;
or
``(2) a program of projects or activities approved under
subsection (c)(6)(B) of that section.''.
(2) Reservation of funds.--Section 213 of such title is
amended in subsection (a)(1) by striking ``of fiscal years 2013
and 2014'' and inserting ``fiscal year''.
(3) Eligible entities.--Section 213(c)(4)(B) of such title
is amended by--
(A) redesignating clauses (vi) and (vii) as clauses
(viii) and (ix); and
(B) inserting after clause (v) the following:
``(vi) a nonprofit organization;
``(vii) a metropolitan planning
organization that is not developing the
competitive process for funding;''.
(4) Program of projects.--Section 213(c) of such title is
further amended by adding at the end the following:
``(6) Program of projects.--Funds may be obligated under
this section for--
``(A) a project or activity eligible under
subsection (b); or
``(B) a program of projects or activities eligible
under that subsection.
``(7) Administration.--
``(A) Submission of project agreement.--For each
fiscal year, each State shall submit a project
agreement that--
``(i) certifies that the State will meet
all the requirements of this section; and
``(ii) notifies the Secretary of the amount
of obligations needed to carry out the program
under this section.
``(B) Request for adjustments of amounts.--Each
State shall request from the Secretary such adjustments
to the amount of obligations referred to in
subparagraph (A)(ii) as the State determines to be
necessary.
``(C) Effect of approval by the secretary.--
Approval by the Secretary of a project agreement under
subparagraph (A) shall be deemed a contractual
obligation of the United States to pay funds made
available under this title.''.
Subtitle C--Improved Federal Stewardship
SEC. 2201. PROJECT APPROVAL AND OVERSIGHT.
Section 106 (g)(4) of title 23, United States Code, is amended by
inserting at the end the following:
``(C) Funding.--
``(i) In general.--Subject to project
approval by the Secretary, and the limitation
in clause (iv), a State may use funds made
available to the State under section
133(d)(1)(B) to carry out its administration
and oversight responsibilities under
subparagraph (A).
``(ii) Approval by secretary.--To obligate
such funds under this subparagraph, the State
shall, prior to the beginning of the fiscal
year, submit to the Secretary for review and
approval an annual work plan identifying
activities to be carried out during the fiscal
year.
``(iii) Federal share.--The Federal share
of the cost of activities carried out in
accordance with this subparagraph shall not
exceed 80 percent.
``(iv) Limitation.--A State's obligation of
funds under this subparagraph shall not exceed
an amount equal to 3 percent of the State's
apportioned funds available for obligation in a
fiscal year as specified in section
133(d)(1)(B).''.
Subtitle D--Other
SEC. 2301. LETTING OF CONTRACTS.
Section 112 of title 23, United States Code, is amended by
inserting the following at the end:
``(h) Local Hiring.--
``(1) In general.--The Secretary or recipient of assistance
under the Federal-aid highway program may advertise, post job
opportunities on State job banks and with One Stop centers
established under the Workforce Investment Act, and award a
contract for construction containing requirements for the
employment of individuals residing in or adjacent to any of the
areas in which the work is to be performed under the contract,
provided that--
``(A) all or part of the construction work
performed under the contract occurs in an area that
has--
``(i) a per capita income of 80 percent or
less of the national average; or
``(ii) an unemployment rate that is, for
the most recent 24-month period for which data
are available, at least 1 percent greater than
the national average unemployment rate;
``(B) the estimated cost of the project of which
the contract is a part is greater than $10 million; and
``(C) the recipient may not require the hiring of
individuals who do not have the necessary skills to
perform work in any craft or trade, except for
individuals who are subject to an apprenticeship
program or other training program meeting the
requirements of section 140 of this title.
``(2) Advertisement.--In advertising and awarding a
contract under this subsection, the Secretary or recipient of
assistance shall ensure that the requirements contained in the
advertisement would not--
``(A) compromise the quality of the project;
``(B) unreasonably delay the completion of the
project; or
``(C) unreasonably increase the cost of the
project.
``(i) Permissible Restrictions.--A State or local law governing
contracting practices that prohibits the awarding of contracts to
businesses that have solicited or made contributions to political
candidates, political parties and holders of public office does not
violate the requirements of this section.''.
SEC. 2302. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
Section 1801(e) of the SAFETEA-LU (23 U.S.C. 129 note; Public Law
109-59), as amended by section 1121 of the MAP-21 (Public Law 112-141),
is amended in paragraph (4)(D) by striking ``2014'' and inserting
``2018''.
SEC. 2303. GREEN STORMWATER INFRASTRUCTURE.
(a) Eligibility for Environmental Restoration and Pollution
Abatement.--Section 328(a) of title 23 United States Code, is amended
by striking ``construction of stormwater treatment systems'' and
inserting ``construction of stormwater treatment systems or green
stormwater infrastructure''.
(b) Eligibiity Under Surface Transportation Program.--Section
133(b) of such title is amended--
(1) in paragraph (2) by inserting ``and green
infrastructure'' after ``material''; and
(2) in paragraph (7) by striking ``wildlife,'' and
inserting ``wildlife or stormwater,''.
SEC. 2304. ELIMINATION OR MODIFICATION OF CERTAIN FHWA REPORTING
REQUIREMENTS.
(a) Fundamental Properties of Asphalts Report.--Section 6016 of the
Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 307
note) is amended by striking subsection (g).
(b) Projects of Regional and National Significance Annual Report.--
Section 1301 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (23 U.S.C. 101 note) is
amended by striking subsection (k).
(c) Express Lane Demonstration Program Reports.--Section 1604 of
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (23 U.S.C. 129 note) is amended by striking subsection
(b)(7)(B).
(d) Surface Transportation Project Delivery Pilot Program.--Section
327 of title 23, United States Code, is amended--
(1) by striking subsection (i); and
(2) by redesignating subsection (j) as subsection (i).
(e) Expedient Decisions and Reviews Report.--Section 139(h)(7)(B)
of title 23, United States Code, is amended by striking ``every 120
days'' and inserting in its place ``annually''.
TITLE III--PUBLIC TRANSPORTATION
SEC. 3001. SHORT TITLE; AMENDMENTS TO TITLE 49, UNITED STATES CODE.
(a) Short Title.--This title may be cited as the ``Federal Public
Transportation Act of 2014''.
(b) Amendment of Title 49.--Except as otherwise expressly provided,
whenever in this title an amendment or repeal is expressed in terms of
an amendment to, or a repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of title 49, United States Code.
SEC. 3002. DEFINITIONS.
Section 5302 is amended--
(1) by redesignating paragraphs (2) through (23) as
paragraphs (3) through (24), respectively;
(2) by inserting a new paragraph (2) to read as follows:
``(2) Base-model bus.--The term `base-model bus' means a
heavy-duty public transportation bus manufactured to meet, but
not exceed, transit specific minimum performance criteria
developed by the Secretary.'';
(3) by revising paragraph (5), redesignated, to read as
follows:
``(5) Designated recipient.--The term `designated
recipient' means--
``(A) an entity designated, in accordance with the
planning process under sections 5303 and 5304 of this
title, by the governor of a State, responsible local
officials, and publicly owned operators of public
transportation, to receive and apportion amounts under
section 5336 of this title to urbanized areas of
200,000 or more in population;
``(B) a State that receives and apportions amounts
under sections 5310, 5336, 5337 and 5339 of this title
to urbanized areas of less than 200,000 in population
notwithstanding such an area's designated as a
transportation management area to pursuant section
5303; or
``(C) a State, or State authority, if the authority
is responsible under the laws of a State for a capital
project and for financing and directly providing public
transportation.''; and
(4) by inserting a new paragraph at the end to read as
follows:
``(25) Value capture.--The term `value capture' means
recovering the increased value to property located near public
transportation resulting from investments in public
transportation.''.
SEC. 3003. FORMULA GRANTS FOR ENHANCED MOBILITY.
Section 5310(a)(1) of title 49, United States Code, is amended by
inserting ``, a local governmental entity,'' after ``designated
recipient''.
SEC. 3004. FORMULA GRANTS FOR PUBLIC TRANSPORTATION ON INDIAN
RESERVATIONS.
Section 5311 is amended--
(1) by revising subsection (c)(1)(B) to read as follows:
``(B) $30,000,000 in fiscal year 2015, $30,871,500
in fiscal year 2016, $31,764,700 in fiscal year 2017,
and $32,680,141 in fiscal year 2018 shall be
apportioned as formula grants, as provided in
subsection (j).'';
(2) in subsection (j)(1)(A)(iii), by striking ``Tribal
lands (as defined by the Bureau of Census)'' and inserting
``American Indian Areas, Alaska Native Areas, and Hawaiian Home
Lands, as defined by the Bureau of the Census,''; and
(3) by revising subsection (j)(1)(B) to read as follows:
``(B) Limitation.--
``(i) Notwithstanding subparagraph (A), no
recipient shall receive an apportionment under
this subsection that is less than $20,000; and
``(ii) No recipient shall receive more than
$300,000 of the amounts apportioned under
subparagraph (A)(iii) in a fiscal year.''.
SEC. 3005. WORKFORCE DEVELOPMENT PROGRAMS.
(a) In General.--Section 5322 is amended to read as follows:
``Sec. 5322. Workforce development programs
``(a) In General.--The Secretary, in consultation with the
Secretary of Labor, may undertake, or make grants, cooperative
agreements, other agreements, or enter into contracts for programs that
address human resource needs as they apply to public transportation. A
program may include--
``(1) an employment training program;
``(2) an outreach program to increase employment of
minorities, women, and individuals with disabilities in public
transportation activities;
``(3) research on public transportation personnel and
training need; and
``(4) training and assistance for minority business
opportunities.
``(b) Ladders of Opportunity Public Transportation Grant Program.--
``(1) In general.--The Secretary shall undertake, make
grants or cooperative agreements, or enter into contracts to
establish, conduct and administer a public transportation
workforce development program that addresses critical workforce
issues and prepares individuals for employment and career
pathways in public transportation, including in the area of
public transportation technology.
``(2) Programs.--Eligible public transportation workforce
development programs under this subsection may include
apprenticeship programs that are registered under the National
Apprenticeship Act (29 U.S.C. 50 et seq.), non-registered
apprenticeship programs, skill development programs, skill
improvement programs, and on-the-job training programs, that--
``(A) are, to the extent possible, nationally or
regionally significant in scope;
``(B) replicate a successful workforce development
model adopted in multiple geographic locations;
``(C) target areas with high rates of unemployment;
``(D) are designed to address current or projected
workforce shortages;
``(E) give priority to minorities, women,
individuals with disabilities, veterans, low-income
populations and other underserved populations;
``(F) are designed to provide career pathways that
support the movement of targeted populations from
initial or short-term employment opportunities to
sustainable careers; and
``(G) other critical activities as identified by
the Secretary.
``(3) Program outcomes.--Recipients of assistance pursuant
to this subsection shall require that apprenticeship, skill
development, skill improvement, and on-the-job training
programs utilized to carry out this subsection demonstrate
program outcomes including--
``(A) impact on reducing public transportation
workforce shortages in the area served;
``(B) diversity of training participants;
``(C) number of participants obtaining
certifications or credentials required for specific
types of employment;
``(D) employment outcome, including job placement,
job retention, and wages, using performance metrics
established in consultation with the Secretary of Labor
and consistent with metrics used by programs under the
Workforce Investment Act; and
``(E) to the extent practical, evidence that the
program did not preclude workers that are participating
in training or apprenticeship activities from being
referred to, or hired on, projects funded under this
chapter without regard to the length of time of their
participation in such program.
``(4) Coordination.--Recipients of assistance under this
subsection shall--
``(A) identify the training needs, apprenticeship,
skill development programs, and on-the-job training to
be implemented at the local level in coordination with
entities such as local employers, local transit
operators, labor union organizations, Workforce
Investment Boards, State workforce agencies, State
Apprenticeship Agencies (where applicable), University
Transportation Centers, Community Colleges, and
community-based organizations representing minority,
disability, and low-income populations; and
``(B) to the extent practicable, conduct local
training programs in coordination with existing local
training programs supported by the U.S. Department of
Transportation, the U.S. Department of Labor (including
registered apprenticeship programs), and the U.S.
Department of Education.
``(5) Research and program evaluation.--The Secretary shall
conduct research and an impact evaluation based on measurable
outcomes of the training, apprenticeship, skill development and
skill improvement programs, and on-the-job training funded
under this subsection. In the second, fourth and sixth year
following the enactment of this subsection, the Secretary shall
conduct an aggregate analysis of the national impact related to
workforce shortage, diversity, and job placement.
``(c) National Public Transportation Institute.--
``(1) In general.--The Secretary may enter into grants,
contracts or cooperative agreements, and other agreements,
awarded on a competitive basis, to conduct a national public
transportation institute to develop and conduct training and
educational programs for Federal, State, and local
transportation employees, United States citizens, and foreign
nationals engaged or to be engaged in Government-aid public
transportation work.
``(2) Cooperative effort.--In cooperation with the
Secretary, State transportation departments, public
transportation authorities, State workforce agencies, and
national and international entities, the institute under
paragraph (1) shall develop and conduct training and
educational programs for Federal, State, and local
transportation employees, United States citizens, and foreign
nationals engaged or to be engaged in public transportation
work.
``(3) Training and educational programs.--The training and
educational programs developed under paragraph (2) may include
courses in recent developments, techniques, and procedures
related to--
``(A) intermodal and public transportation
planning;
``(B) management;
``(C) environmental factors;
``(D) acquisition and joint use rights-of-way;
``(E) engineering and architectural design;
``(F) procurement strategies for public
transportation systems;
``(G) turnkey approaches to delivering public
transportation systems;
``(H) new technologies;
``(I) emission reduction technologies;
``(J) ways to make public transportation accessible
to individuals with disabilities;
``(K) construction, construction management,
insurance, and risk management;
``(L) maintenance;
``(M) contract administration;
``(N) inspection;
``(O) innovative finance;
``(P) workplace safety; and
``(Q) public transportation security.
``(4) Providing education and training.--Education and
training of Federal, State, and local public transportation
employees under this subsection shall be provided--
``(A) by the Secretary at no cost to the States and
local governments for subjects that are a Government
program responsibility; or
``(B) when the education and training are paid
under paragraph (5) of this subsection, by the State,
with the approval of the Secretary, through grants and
contracts with public and private agencies, other
institutions, individuals, and the institute.
``(d) Use for Administration and Technical Assistance.--The
Secretary may use up to 1 percent of the amounts made available to
carry out this section to administer, oversee, and provide technical
assistance for the activities and programs developed and conducted with
this section.
``(e) Government's Share of Costs.--A grant, cooperative agreement,
other agreement, or contract awarded under this section may be up to
100 percent of the cost of the project.
``(f) Availability of Amounts.--
``(1) Up to 0.5 percent of the amounts made available to a
recipient under sections 5307, 5337 and 5339 is available for
expenditure by the recipient, with the approval of the
Secretary, to pay up to 80 percent of the cost of eligible
activities under this section; and
``(2) A recipient may transfer amounts under paragraph (1)
to existing local training programs supported by the Secretary,
the U.S. Department of Labor, and the U.S. Department of
Education.''.
(b) Conforming Amendment.--The analysis for chapter 53 is amended
by striking the item relating to section 5322 and inserting the
following:
``5322. Workforce development programs.''.
SEC. 3006. GENERAL PROVISIONS.
Section 5323 is amended--
(1) In subsection (i), by redesignating paragraphs (1) and
(2) as (2) and (3), respectively and inserting a new paragraph
(1) to read as follows:
``(1) Acquisition of base-model buses.--A grant for the
acquisition of a base-model bus for use in public
transportation may be up to 85 percent of the net project
cost.'';
(2) in subsection (j)--
(A) by revising paragraph (2)(C) to read as
follows:
``(C) Rolling stock procurement.--When procuring
rolling stock (including train control, communication,
traction power equipment, and rolling stock prototypes)
under this chapter--
``(i) the cost of components and
subcomponents produced in the United States--
``(I) for fiscal year 2015 is more
than 60 percent of the cost of all
components of the rolling stock;
``(II) for fiscal year 2016 is more
than 70 percent of the cost of all
components of the rolling stock;
``(III) for fiscal year 2017 is
more than 80 percent of the cost of all
components of the rolling stock; and
``(IV) for fiscal year 2018 is more
than 90 percent of the cost of all
components of the rolling stock; and
``(ii) final assembly of the rolling stock,
including rolling stock prototypes, has
occurred in the United States; or'';
(B) by redesignating paragraphs (3) through (9) as
paragraphs (4) through (10), respectively; and
(C) by inserting a new paragraph (3) following
paragraph (2), to read as follows:
``(3) Rolling stock cost and assembly.--Beginning in fiscal
year 2019, when procuring rolling stock, including rolling
stock prototypes, the cost of the components and subcomponents
produced in the United States shall be 100 percent and final
assembly shall occur in the United States.''; and
(3) by inserting a new subsection at the end to read as
follows:
``(s) Value Capture Revenue Eligible for Local Share.--
Notwithstanding any other provision of law, a recipient of assistance
under this chapter may use the revenue generated from value capture
financing mechanisms as local matching funds for capital projects and
operating costs eligible under this chapter.''.
SEC. 3007. PUBLIC TRANSPORTATION LOCAL HIRING.
Section 5325 is amended--
(1) in subsection (a) by striking ``Recipients of
assistance'' and inserting ``Except as provided in subsections
(k) and (l), recipients of assistance'';
(2) in subsection (h), by striking ``A grant awarded'' and
inserting ``Except as provided in subsections (k) and (l), a
grant awarded''; and
(3) by inserting a new subsection (l) at the end to read as
follows:
``(l) Local Hiring.--
``(1) In general.--A recipient of assistance may post job
opportunities on State job banks and with One Stop Centers
established under the Workforce Investment Act, and may
advertise and award a contract for construction containing
requirements for the employment of individuals residing in or
adjacent to any of the areas in which the work to be performed
is for construction work required under the contract, provided
that--
``(A) all or part of the construction work
performed under the contract occurs in an area that
has--
``(i) a per capita income of 80 percent or
less of the national average; or
``(ii) an unemployment rate that is for the
most recent 24-month period for which data are
available at least 1 percent greater than the
national average unemployment rate;
``(B) the estimated cost of the project of which
the contract is a part is greater than $10,000,000; and
``(C) the recipient may not require the hiring of
individuals who do not have the necessary skills to
perform work in any craft or trade, except for
individuals who are subject to an apprenticeship
program or other training program meeting the
requirements of section 5332 of this title.
``(2) Advertisement.--In advertising and awarding a
contract under this subsection, the Secretary or a recipient of
assistance shall ensure that the requirements contained in the
advertisement would not--
``(A) compromise the quality of the project;
``(B) unreasonably delay the completion of the
project; or
``(C) unreasonably increase the cost of the
project.''.
SEC. 3008. PUBLIC TRANSPORTATION SAFETY PROGRAM.
(a) In General.--Section 5329(e) is amended--
(1) by redesignating paragraphs (3) through (9) as
paragraphs (4) through (10), respectively;
(2) by adding the following after paragraph (2):
``(3) State participation.--
``(A) An eligible State having within its
jurisdiction 1 or more rail fixed guideway public
transportation systems in revenue service, design or
construction that have fewer than 1,000,000 combined
actual and projected rail fixed guideway revenue miles
per year or which provide fewer than 10,000,000
combined actual and projected unlinked passenger trips
per year may request, in writing, that the Secretary
oversee the safety of such systems consistent with the
oversight and enforcement authority under this section.
``(B) Should a State be granted an exemption under
this subparagraph (C), the State will not be subject to
the State safety oversight requirements under this
subsection and shall not be eligible to receive a State
Safety Oversight grant authorized under paragraph (6)
of this subsection.
``(C) The Secretary shall provide an exemption to a
State that meets the criteria under subparagraph (A)
within 30 days of the Secretary's receipt of the
State's request or inform the State of the reason an
exemption cannot be granted.''; and
(3) in paragraph (7), as redesignated--
(A) by striking ``shall be 80'' and insert ``may be
up to 100''; and
(B) by striking clauses (ii) and (iii) and
redesignating clause (iv) as clause (ii).
(b) Public Transportation Safety Enforcement.--Section 5329(g) is
amended to read as follows:
``(g) Enforcement.--
``(1) Types of enforcement actions.--The Secretary may take
enforcement action against recipient that does not comply with
Federal law with respect to the safety of the public
transportation system, including--
``(A) issuing directives;
``(B) requiring more frequent oversight of the
recipient by a State safety oversight agency or the
Secretary;
``(C) imposing more frequent reporting
requirements;
``(D) requiring that any Federal financial
assistance provided under this chapter be spent on
correcting safety deficiencies identified by the
Secretary or the State safety oversight agency before
such funds are spent on other projects;
``(E) withholding financial assistance under this
chapter in an amount to be determined by the Secretary;
``(F) issuing penalties pursuant to paragraph (2);
``(G) instituting a civil action pursuant to
paragraph (4); and
``(H) issuing orders, including orders issued
pursuant to paragraph (7).
``(2) Penalties.--The Secretary has the authority--
``(A) to establish, impose and compromise a civil
penalty for a violation of a public transportation
safety regulation promulgated or order issued under
this section;
``(B) to establish, impose and compromise a civil
penalty for violation of the alcohol and controlled
substances testing provisions under section 5331 of
this chapter;
``(C) to request an injunction for a violation of a
public transportation safety regulation promulgated or
order issued under this section; and
``(D) to notify the Attorney General when the
Secretary receives evidence of a possible criminal
violation under paragraph (6).
``(3) Deposit of civil penalties.--An amount collected by
the Secretary under this section shall be credited to the
Federal Transit Administration's formula and bus appropriations
account to carry out subsection (e).
``(4) Enforcement by the attorney general.--At the request
of the Secretary, the Attorney General shall bring a civil
action--
``(A) for appropriate injunctive relief to ensure
compliance with this section;
``(B) to collect a civil penalty imposed or an
amount agreed upon in a compromise under paragraph (1)
of this subsection; or
``(C) to enforce a subpoena, request for
admissions, request for production of documents or
other tangible things, or request for testimony by
deposition issued by the Secretary under this section.
``(5) Jurisdiction.--An action under paragraph (3) of this
subsection may be brought in a district court of the United
States in any State in which the relief is required. On a
proper showing, the court shall issue a temporary restraining
order or preliminary or permanent injunction. An injunction
under this section may order a public transportation agency
receiving assistance under this chapter to comply with this
section, or a regulation promulgated under this section.
``(6) Criminal penalty.--A person who knowingly violates
this section or a public transportation safety regulation or
order issued under this section shall be fined under title 18,
United States Code, imprisoned for not more than 5 years, or
both; except that the maximum amount of imprisonment shall be
10 years in any case in which the violation results in death or
bodily injury to any person. For purposes of this paragraph--
``(A) a person acts knowingly when the person has
actual knowledge of the facts giving rise to the
violation; and
``(B) actual knowledge of the existence of a
statutory provision, or a regulation or a requirement
imposed by the Secretary is not an element of an
offense under this paragraph.
``(7) Emergency authority.--
``(A) Ordering restrictions and prohibitions.--If,
through testing, inspection, investigation, or research
carried out under this section, the Secretary decides
that an unsafe condition or practice, or a combination
of unsafe conditions and practices, causes an emergency
situation involving a hazard of death, personal injury,
or significant harm to the environment, the Secretary
immediately may order restrictions and prohibitions,
without regard to section 553 and section 554 of title
5, United States Code, that may be necessary to abate
the emergency situation.
``(B) Emergency condition or practice.--The order
shall describe the condition or practice, or a
combination of conditions and practices, that causes
the emergency situation and promulgate standards and
procedures for obtaining relief from the order. This
paragraph does not affect the Secretary's discretion
under this subsection to maintain the order in effect
for as long as the emergency situation exists.
``(C) Review of orders.--After issuing an order
under this subsection, the Secretary shall provide an
opportunity for review of the order under section 554
of title 5, United States Code. If a petition for
review is filed and the review is not completed by the
end of the 30-day period beginning on the date the
order was issued, the order stops being effective at
the end of that period unless the Secretary decides in
writing that the emergency situation still exists.
``(D) Civil actions to compel issuance of orders.--
An employee of a rail fixed guideway public
transportation system provider who may be exposed to
imminent physical injury during that employment because
of the Secretary's failure, without any reasonable
basis, to issue an order under paragraph (1) of this
subsection, or the employee's authorized
representative, may bring a civil action against the
Secretary in a district court of the United States to
compel the Secretary to issue an order. The action
shall be brought in the judicial district in which the
emergency situation is alleged to exist, in which the
employing provider has its principal executive office,
or in the District of Columbia. The Secretary's failure
to issue an order under paragraph (1) of this
subsection may be reviewed only under section 706 of
title 5, United States Code.''.
(c) Disclosure of Safety Information.--Section 5329 is amended by
inserting the following at the end:
``(l) Limitation on Public Disclosure of Safety Information.--
``(1) In general.--A report, data, investigation, or other
information, or any portion thereof, submitted to, developed,
produced, collected, or obtained by the Secretary or his
representative for purposes of enhancing public transportation
safety, including information related to a transit provider's
safety plan, safety risks, and mitigation measures, shall not
be disclosed to the public pursuant to section 522(b)(3)(B) of
title 5 if the Secretary or his representative determines--
``(A) the receipt of the information aids in
fulfilling the Secretary's safety responsibilities; and
``(B) withholding such information from disclosure
is necessary to the safety or security of public
transportation systems.
``(2) Exception for de-identified information.--
``(A) In general.--Paragraph (1) shall not apply to
a report, data, investigation or other information if
the information contained in the report, data,
investigation or other information collected or
obtained by the Secretary or his representative has
been de-identified.
``(B) De-identified defined.--In this subsection,
the term `de-identified' means the process by which all
information that is likely to establish the identity of
specific persons or entities submitting reports, data,
investigation or other information is removed from the
reports, data, or investigation, or other
information.''.
SEC. 3009. AUTHORIZATIONS.
Section 5338 is amended to read as follows:
``(a) Transit Formula Grants.--
``(1) In general.--There shall be available from the Mass
Transit Account of the Transportation Trust Fund to carry out
Federal public transportation assistance program under sections
5305, 5307, 5310, 5311, 5318, 5322(d), 5334, 5335, 5337, 5339,
and 5340 of this title, and section 20005(b) of the Federal
Public Transportation Act of 2012, as amended, $13,914,400,000
in fiscal year 2015, $14,140,000,000 in fiscal year 2016,
$14,372,000,000 in fiscal year 2017, and $14,610,000,000 in
fiscal year 2018.
``(2) Allocation of funds.--Of the amounts made available
under paragraph (1)--
``(A) $131,819,706 shall be available for fiscal
year 2015, $135,103,394 for fiscal year 2016,
$138,494,393 for fiscal year 2017, and $141,992,702 for
fiscal year 2018, to provide financial assistance for
planning under section 5305;
``(B) $10,234,449 shall be available for fiscal
year 2015, $10,489,394 for fiscal year 2016,
$10,752,670 for fiscal year 2017, and $11,024,278 for
fiscal year 2018, to carry out the pilot program for
transit--oriented development planning under section
20005(b) of Public Law 112-114, as amended;
``(C) $4,563,182,694 shall be available for fiscal
year 2015, $4,676,853,640 for fiscal year 2016,
$4,794,239,323 for fiscal year 2017, and $4,915,339,743
for fiscal year 2018, to provide financial assistance
under the section 5307 urbanized area formula grant
program pursuant to section 5336;
``(D) $264,355,823 shall be available for fiscal
year 2015, $270,941,046 for fiscal year 2016,
$277,741,473 for fiscal year 2017, and $284,757,103 for
fiscal year 2018, to provide financial assistance for
services for the enhanced mobility of seniors and
individuals with disabilities under section 5310;
``(E) $622,049,823 shall be available for fiscal
year 2015, $637,545,365 for fiscal year 2016,
$653,547,298 for fiscal year 2017, and $670,055,621 for
fiscal year 2018, to provide financial assistance for
rural areas under section 5311;
``(F) $3,070,335 shall be available for fiscal year
2015, $3,146,818 for fiscal year 2016, $3,225,801 for
fiscal year 2017, and $3,307,283 for fiscal year 2018,
to provide financial assistance for bus testing under
section 5318;
``(G) $5,117,225 shall be available for fiscal year
2015, $5,244,697 for fiscal year 2016, $5,376,335 for
fiscal year 2017, and $5,512,139 for fiscal year 2018,
to provide financial assistance to the national transit
institute under section 5322(d);
``(H) $114,400,000 shall be available for fiscal
year 2015, $120,000,000 for fiscal year 2016,
$126,000,000 for fiscal year 2017, and $132,000,000 for
fiscal year 2018, for administrative expenses to carry
out Federal transit assistance programs under this
chapter;
``(I) $3,940,263 shall be available for fiscal year
2015, $4,038,417 for fiscal year 2016, $4,139,778 for
fiscal year 2017, and $4,244,347 for fiscal year 2018,
to carry out National Transit Database activities under
section 5335;
``(J) $5,719,000,000 shall be available for fiscal
year 2015, $5,775,000,000 for fiscal year 2016,
$5,832,000,000 for fiscal year 2017, and $5,890,000,000
for fiscal year 2018, to provide financial assistance
for state of good repair activities under section 5337;
``(K) $1,939,000,000 shall be available for fiscal
year 2015, $1,950,000,000 for fiscal year 2016,
$1,961,000,000 for fiscal year 2017, and $1,972,000,000
for fiscal year 2018, to provide financial assistance
the bus and bus facilities program under section 5339;
and
``(L) $538,229,684 shall be available for fiscal
year 2015, $551,637,229 for fiscal year 2016,
$565,482,929 for fiscal year 2017, and $579,766,784 for
fiscal year 2018, and shall be allocated in accordance
with section 5340 to provide financial assistance for
urbanized areas under section 5307 and rural areas
under section 5311.
``(b) Capital Investment Grants.--There shall be available from the
Mass Transit Account of the Transportation Trust Fund to carry out
section 5309, $2,500,000,000 in fiscal year 2015, $2,625,000,000 in
fiscal year 2016, $2,756,000,000 in fiscal year 2017, and
$2,894,000,000 in fiscal year 2018.
``(c) Transit Research and Training.--
``(1) In general.--There shall be available from the Mass
Transit Account of the Transportation Trust Fund to carry out
Federal public transportation research and training programs
under sections 5312, 5313, 5314, and 5322(a), (b), (c) and (e),
$60,000,000 for fiscal year 2015, $61,000,000 for fiscal year
2016, $63,000,000 for fiscal year 2017, and $67,000,000 for
fiscal year 2018.
``(2) Allocation of funds.--Of the amounts made available
under paragraph (1)--
``(A) $26,000,000 shall be available for fiscal
year 2015, $27,000,000 for fiscal year 2016,
$29,000,000 for fiscal year 2017, and $31,000,000 for
fiscal year 2018, to carry out research under section
5312;
``(B) $7,000,000 shall be available in each fiscal
year 2015 through 2018 to carry out transit cooperative
research under section 5313;
``(C) $7,000,000 shall be available for each fiscal
year 2015 through 2017, and $9,000,000 for fiscal year
2018, to carry out technical assistance and standards
development under section 5314; and
``(D) $20,000,000 shall be available for each
fiscal year 2015 through 2018 to carry out human
resources and training under section 5322 (a), (b), (c)
and (e).
``(d) Emergency Relief.--There shall be available from the Mass
Transit Account of the Transportation Trust Fund to carry out section
5324 of this title, $25,000,000 for each fiscal year 2015 through 2018.
``(e) Rapid Growth Area Transit Program.--There shall be available
from the Mass Transit Account of the Transportation Trust Fund to carry
out section 5341 of this title, $500,000,000 for fiscal year 2015,
$525,000,000 for fiscal year 2016, $550,000,000 for fiscal year 2017,
and $600,000,000 for fiscal year 2018.
``(f) Oversight.--
``(1) In general.--Of the amounts made available to carry
out this chapter for a fiscal year, the Secretary may use not
more than the following amounts for the activities described in
paragraph (2):
``(A) 0.5 percent of amounts made available to
carry out section 5305.
``(B) 0.75 percent of amounts made available to
carry out section 5307.
``(C) 1.5 percent of amounts made available to
carry out section 5309.
``(D) 1 percent of amounts made available to carry
out section 601 of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110-432; 126 Stat.
4968).
``(E) 0.5 percent of amounts made available to
carry out section 5310.
``(F) 0.5 percent of amounts made available to
carry out section 5311.
``(G) 0.75 percent of amounts made available to
carry out section 5337.
``(H) 0.75 percent of amounts made available to
carry out section 5339.
``(2) Activities.--The activities described in this
paragraph are as follows:
``(A) Activities to oversee the construction of a
major capital project.
``(B) Activities to review and audit the safety and
security, procurement, management, and financial
compliance of a recipient or subrecipient of funds
under this chapter.
``(C) Activities to provide technical assistance
generally, and to provide technical assistance to
correct deficiencies identified in compliance reviews
and audits carried out under this section.
``(3) Government share of costs.--The Government shall pay
the entire cost of carrying out a contract under this
subsection.
``(4) Availability of certain funds.--Funds made available
under paragraph (1)(C) shall be made available to the Secretary
before allocating the funds appropriated to carry out any
project under a full funding grant agreement.
``(g) Grants as Contractual Obligations.--A grant or contract that
is approved by the Secretary and financed with amounts made available
from the Mass Transit Account of the Highway Trust Fund pursuant to
this section is a contractual obligation of the Government to pay the
Government share of the cost of the project.
``(h) Availability of Amounts.--Amounts made available by or
appropriated under this section shall remain available until
expended.''.
SEC. 3010. BUS AND BUS FACILITIES PROGRAM.
(a) In General.--Section 5339 is amended as follows:
(1) The section heading is amended by striking ``Formula''.
(2) Subsection (c) is amended--
(A) by revising paragraph (1) to read as follows:
``(1) Recipients.--Eligible recipients under this section
are States and local governmental entities that operate fixed
route bus service or designated recipients that allocate
funding to fixed route bus operators.''; and
(B) in paragraph (2), by striking ``designated''.
(3) Subsection (d) is amended--
(A) by striking the matter preceding paragraph (1)
and inserting:
``(d) Distribution of Grants Funds.--Funds made available under
section 5338 to carry out this section shall be allocated as
follows:'';
(B) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(C) by inserting a new paragraph (1) to read as
follows:
``(1) Competitive allocation.--Thirty percent shall be
distributed on a competitive basis by the Secretary.''.
(4) Subsection (e) is amended--
(A) in paragraph (1) by striking ``subsection
(d)(1)'' and inserting ``subsection (d)(2)''; and
(B) in paragraph (2) by striking ``subsection
(d)(2)'' and inserting ``subsection (d)(3)''.
(5) Subsection (g) is amended--
(A) by inserting at the end of the first sentence
``under subsections (d)(2) and (d)(3) or three years
after the fiscal year in which the project
competitively selected under subsection (d)(1) is
announced''; and
(B) by revising the second sentence to read as
follows: ``Not later than 30 days after the end of the
3-year period described in the preceding sentence--
``(1) any amount allocated under subsection (d)(1) that is
not obligated on the last day of that period shall be added to
the amount that may be available under such subsection in the
next fiscal year; and
``(2) any amount apportioned under subsection (d)(2) and
(d)(3) that is not obligated on the last day of that period
shall be added to the amount that may be apportioned under such
subsections in the next fiscal year.''.
(b) Chapter Analysis.--The analysis for chapter 53 is amended by
striking the item relating to section 5339 and inserting the following:
``5339. Bus and Bus Facilities Program.''.
SEC. 3011. RAPID GROWTH AREA TRANSIT PROGRAM.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting at the end the following:
``Sec. 5341. Rapid Growth Area Transit Program
``(a) In General.--The Secretary may make grants on a competitive
basis to State and local governmental entities for bus rapid transit
projects, which may include acquisition of right-of-way or land for
purposes of future enhancements to public transportation in the project
corridor. Such projects shall serve a high-traffic transportation
artery located in an urbanized or rural area that--
``(1) has experienced moderate to significant population
growth between the 2000 and 2010 decennial census of
population; and
``(2) has a transit system in revenue service that--
``(A) has experienced a moderate to significant
increase in ridership; and
``(B) has the financial capacity to pay operating
expenses for the existing system and an expanded
system.
``(b) Government's Share of Costs.--
``(1) Federal transit assistance.--A grant for a bus rapid
transit project financed from amounts made available to carry
out this section shall be for up to 50 percent of the net
capital costs of the project.
``(2) Federal-aid highway assistance.--Up to 30 percent of
the net project costs may be derived from the Surface
Transportation Program and the Congestion Mitigation and Air
Quality Improvement Program.
``(3) Remainder of net capital project cost.--The remainder
of the net capital project cost shall be provided from an
undistributed cash surplus, a replacement or depreciation cash
fund or reserve, or new capital.''.
(b) Chapter Analysis.--The analysis for chapter 53 is amended by
inserting at the end the following:
``5341. Rapid Growth Area Transit Program.''.
SEC. 3012. TECHNICAL CORRECTIONS.
(a) Statewide and Nonmetropolitan Transportation Planning.--Section
5304 is amended--
(1) in subsection (d)(2)(B)(ii)--
(A) by striking ``urbanized''; and
(B) by striking ``with a population of fewer than
200,000, as calculated according to the most recent
decennial census, and''; and
(2) in subsection (d)(2)(C)--
(A) by striking ``title 23'' and by inserting
``this Chapter'';
(B) by striking ``urbanized''; and
(C) by striking ``with a population of fewer than
200,000, as calculated according to the most recent
decennial census, and''.
(b) Urbanized Area Formula Grant Program.--Section 5307 is amended
in subsections (a)(2)(A) and (B), by inserting before ``during'' each
place it appears the following: ``or general demand response service''.
(c) Fixed Guideway Capital Investment Grants.--Section 5309 is
amended--
(1) in subsections (d)(1)(B) and (g)(2)(A)(i), by striking
``policies and land use patterns that promote public
transportation,'' in each place it appears;
(2) in subsection 5309(d)(2)(A)--
(A) in clause (iii) by inserting ``and'' after the
semicolon preceding the matter in subparagraph (iv);
(B) by striking clause (iv); and
(C) by redesignating clause (v) as clause (iv).
(d) Research, Development, Demonstration, and Deployment
Projects.--Section 5312 is amended--
(1) in subsection (d)(5)(A)--
(A) in clause (i)(II), by striking ``section 5303''
and inserting ``23 U.S.C. 101(a)(14)''; and
(B) by striking clause (vi), and inserting the
following:
``(vi) Recipient.--The term `recipient'
means a designated recipient, a local
governmental entity, or a State that receives a
Federal low or no emissions vehicle grant for
an urbanized area eligible under clause (i) of
this paragraph directly from the Government.'';
(2) in subsection (d)(5)(C)(ii), by striking ``5323(j)''
and inserting ``5323(i)''; and
(3) in subsection (d)(5)(D), by revising the matter
preceding clause (i) to read as follows:
``(D) Allocations.--Of the amounts made available
to carry out this section in each fiscal year, a sum,
in an amount to be determined by the Secretary, shall
be available to carry out this paragraph, of which--''.
(e) Bicycle Facilities.--Section 5319 is amended--
(1) in the first sentence, after ``5307'' by striking ``,
5309,'';
(2) by striking ``Notwithstanding sections 5307(d),
5309(l), and 5311(g), a'' and inserting ``A''; and
(3) by striking ``5307(d)(1)(K)'' and inserting
``5307(c)(1)(K)''.
(f) Human Resources and Training.--Section 5322(d)(4) is amended by
striking ``subsection'' and inserting ``section.''.
(g) Apportionments of Appropriations for Formula Grants.--Section
5336(a) is amended by striking ``(h)(4)'' and inserting ``(h)(5)''.
(h) State of Good Repair Program.--Section 5337 is amended--
(1) in subsection (c)(2)(B) by striking ``5336(b)(1)'' and
inserting ``5336(b)(2)'';
(2) in subsection (d)(1) by striking ``a facility with
access for other high-occupancy vehicles'' and inserting ``high
occupancy vehicle lanes during peak hours'';
(3) in subsection (d)(2) by inserting ``vehicle'' after
``motorbus''; and
(4) by inserting the following at the end:
``(e) Government Share of Costs.--
``(1) Capital projects.--A grant for a capital project
under this section shall be for 80 percent of the net project
cost of the project. The recipient may provide additional local
matching amounts.
``(2) Remaining costs.--The remainder of the net project
costs shall be provided from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, or new
capital.''.
(i) Oversight.--Section 5338(i)(1) is amended--
(1) in subparagraph (G), by striking ``section 5337(c)''
and inserting ``section 5337''; and
(2) by adding the following at the end:
``(H) 0.75 percent of the amounts made available to
carry out section 5339.''.
(j) Bus and Bus Facilities Formula Program.--Section 5339 is
amended--
(1) in subsection (a)--
(A) by inserting before ``financing'' the
following: ``only for the purposes of''; and
(B) by striking ``rehabilitate'' and inserting
``rebuild''; and
(2) by revising subsection (c) to read as follows:
``(c) Eligible Recipients and Subrecipients.--
``(1) Recipients.--Eligible recipients under this section
are designated recipients that allocate funds to fixed route
bus operators or State or local governmental entities that
operate fixed route bus service.
``(2) Subrecipients.--A recipient that receives a grant
under this section may allocate amounts of the grant to
subrecipients that are public agencies or private nonprofit
organizations engaged in public transportation.''.
(k) Growing States and High Density States.--Section 5340(b) is
amended by striking ``5338(b)(2)(M)'' and inserting ``5338(a)(2)(K)''.
(l) Technical Corrections to Surface Transportation Board
Jurisdiction.--Section 10501(c) is amended--
(1) in clause (1)(A)(i), by striking ``5302(a)'' and
inserting ``5302'';
(2) in subparagraph (1)(B), by striking ``mass
transportation'' and inserting ``public transportation'' and by
striking ``5302(a)'' and inserting ``5302''; and
(3) in subparagraph (2)(A), by striking ``mass
transportation'' and inserting ``public transportation''.
SEC. 3013. TECHNICAL CORRECTIONS OF TITLE II, DIVISION B, OF MAP-21.
Section 20013(d) of Public Law 112-141 is amended by striking
``5307(c)'' and inserting ``5307(b)''.
SEC. 3014. ELIMINATION OF FTA ANNUAL RESEARCH REPORTING REQUIREMENT.
Section 5312 is amended--
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A--Traffic Safety
SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Account of the Transportation Trust
Fund:
(1) Highway safety programs.--For carrying out section 402
of title 23, United States Code--
(A) $241,146,351 for fiscal year 2015;
(B) $253,203,669 for fiscal year 2016;
(C) $265,863,852 for fiscal year 2017; and
(D) $279,157,045 for fiscal year 2018.
(2) Highway safety research and development.--For carrying
out section 403 of title 23, United States Code--
(A) $117,000,000 for fiscal year 2015;
(B) $122,850,000 for fiscal year 2016;
(C) $128,992,500 for fiscal year 2017; and
(D) $135,442,125 for fiscal year 2018.
(3) National priority safety programs.--For carrying out
section 405 of title 23, United States Code--
(A) $278,705,019 for fiscal year 2015;
(B) $292,640,270 for fiscal year 2016;
(C) $307,272,283 for fiscal year 2017; and
(D) $322,635,898 for fiscal year 2018.
(4) National driver register.--For carrying out section 303
of title 49, United States Code--
(A) $5,000,000 for fiscal year 2015;
(B) $5,250,000 for fiscal year 2016;
(C) $5,512,500 for fiscal year 2017; and
(D) $5,788,125 for fiscal year 2018.
(5) High visibility enforcement program.--For carrying out
section 2009 of SAFETEA-LU (23 U.S.C. 402 note)--
(A) $29,000,000 for fiscal year 2015;
(B) $30,450,000 for fiscal year 2016;
(C) $31,972,500 for fiscal year 2017; and
(D) $33,571,125 for fiscal year 2018.
(6) Administrative expenses.--For administrative and
related operating expenses of the National Highway Traffic
Safety Administration in carrying out chapter 4 of title 23,
United States Code, and this subtitle--
(A) $28,148,630 for fiscal year 2015;
(B) $29,556,062 for fiscal year 2016;
(C) $31,033,865 for fiscal year 2017; and
(D) $32,585,558 for fiscal year 2018.
(b) Prohibition on Other Uses.--Except as otherwise provided in
chapter 4 of title 23, United States Code, in this subtitle and in the
amendments made by this subtitle, the amounts made available from the
Highway Account of the Transportation Trust Fund for a program under
such chapter--
(1) shall only be used to carry out such program; and
(2) may not be used by States or local governments for
construction purposes.
(c) Applicability of Title 23.--Except as otherwise provided in
chapter 4 of title 23, United States Code, and in this subtitle,
amounts made available under subsection (a) for fiscal years 2015
through 2018 shall be available for obligation in the same manner as if
such funds were apportioned or allocated under chapter 1 of title 23,
United States Code.
(d) Regulatory Authority.--Grants awarded under this subtitle shall
be in accordance with regulations issued by the Secretary.
(e) State Matching Requirements.--If a grant awarded under this
subtitle requires a State to share in the cost, the aggregate of all
expenditures for highway safety activities made during any fiscal year
by the State and its political subdivisions (exclusive of Federal
funds) for carrying out the grant (other than planning and
administration) shall be available for the purpose of crediting the
State during such fiscal year for the non-Federal share of the cost of
any project under this subtitle (other than planning or administration)
without regard to whether such expenditures were actually made in
connection with such project.
(f) Grant Application and Deadline.--To receive a grant under this
subtitle, a State shall submit an application, and the Secretary shall
establish a single deadline for such applications to enable the award
of grants early in the next fiscal year.
SEC. 4002. HIGHWAY SAFETY PROGRAMS.
(a) Section 402(a) Amendments.--Section 402(a)(2)(A) of title 23,
United States Code, is amended by--
(1) striking ``and'' at the end of clause (vi);
(2) redesignating clause (vii) as clause (ix); and
(3) inserting after clause (vi) the following:
``(vii) to reduce injuries and deaths to
older drivers;
``(viii) to improve emergency medical
services response to crash sites; and''.
(b) Section 402(b) Amendments.--Section 402(b)(1)(F) of title 23,
United States Code, is amended--
(1) by redesignating clauses (iii) through (v) as clauses
(iv) through (vi), respectively; and
(2) by inserting after clause (ii) the following:
``(iii) countermeasures designed to
decrease deaths and injuries to pedestrians and
bicyclists traveling in the roadways;''.
(c) Section 402(c) Amendments.--Section 402(c) of title 23, United
States Code, is amended--
(1) in paragraph (2) by striking ``Funds apportioned under
this section to any State,'' and all that follows;
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(3) by inserting after paragraph (2) the following:
``(3) Reduction in apportionment.--
``(A) Nonapproved programs.--Funds apportioned
under this section to any State, that does not have a
highway safety program approved by the Secretary or
that is not implementing an approved program, shall be
reduced by amounts equal to not less than 20 percent of
the amounts that would otherwise be apportioned to the
State under this section, until such time as the
Secretary approves such program or determines that the
State is implementing an approved program, as
appropriate. The Secretary shall consider the gravity
of the State's failure to have or implement an approved
program in determining the amount of the reduction.
``(B) High risk.--In consultation with the State,
the Secretary shall take appropriate steps to address
any deficiencies if a State is determined to be `high-
risk' under regulations or procedures of the Secretary,
taking into consideration responsibility, financial
stability, and management and staffing capabilities. In
the fiscal year in which a State has been determined
`high-risk', the Secretary shall redirect funds
sufficient to address the deficiency. If the State
fails to take adequate steps to address the deficiency
within 12 months after a `high-risk' designation, in
the next fiscal year the Secretary shall reduce funds
under this section by not less than 20 percent of the
amounts that would otherwise be apportioned to the
State under this section. The Secretary shall consider
the gravity of the State's failure to address the
deficiency in determining the amount of the reduction.
The Secretary shall increase the amount of the
reduction in each subsequent fiscal year in which the
State fails to take adequate steps to address the
deficiency.''; and
(4) in paragraph (4), as redesignated--
(A) by striking ``or'' after ``highway safety
program'' and inserting a comma; and
(B) by inserting ``or determines that the State has
taken adequate steps to address a deficiency'' after
``approved program''.
(d) Section 402(g) Amendment.--Section 402 of title 23, United
States Code, is amended by striking subsection (g) and inserting after
subsection (f) the following:
``(g) Restriction.--Nothing in this section may be construed to
authorize the appropriation or expenditure of funds for highway
construction, maintenance, or design (other than design of safety
features of highways to be incorporated into guidelines).''.
SEC. 4003. AMENDMENT TO SECTION 405 NATIONAL PRIORITY SAFETY PROGRAMS
TRANSFER AUTHORITY.
Section 405(a)(1)(G) of title 23, United States Code, is amended by
adding after the last sentence the following: ``If the Secretary
reallocates any amounts to increase the amount made available under
section 402, the State shall use not less than 30 percent for the
purposes of pedestrian and bicycle safety if the State's combined
pedestrian and bicycle fatalities exceed 5 percent of the State's total
crash fatalities, based on the most recently reported final data from
the Fatality Analysis Reporting System.''.
SEC. 4004. AMENDMENT TO MOTORCYCLIST SAFETY GRANT CRITERIA.
Section 405(f) of title 23, United States Code, is amended by
inserting the following after paragraph (5):
``(6) Support activity.--The Secretary or the Secretary's
designee may engage in activities with States and State
legislators to consider proposals related to motorcycle helmet
use laws.''.
SEC. 4005. AMENDMENT TO GRADUATED DRIVER LICENSING INCENTIVE GRANT
CRITERIA.
Section 405 of title 23, United States Code, is amended by striking
subsection (g) and inserting the following:
``(g) State Graduated Driver Licensing Incentive Grant.--
``(1) Grants authorized.--The Secretary shall award grants
to States that adopt and implement graduated driver licensing
laws that require novice drivers younger than 18 years of age
to comply with the 2-stage licensing process described in
paragraph (2) before receiving an unrestricted driver's
license.
``(2) Minimum requirements.--A State's driver's license
laws shall include--
``(A) a learner's permit stage that--
``(i) is at least 6 months in duration, but
must remain in effect until the driver reaches
16 years of age;
``(ii) requires that the driver be
accompanied and supervised at all times while
such driver is operating a motor vehicle by a
licensed driver who is at least 21 years of
age, is the driver's parent or guardian, or is
a State-certified driving instructor; and
``(iii) has at least two of the following
criteria:
``(I) a prohibition on the driver
using a personal wireless
communications device, as defined in
subsection (e)(9)(B), while driving
except under an exception permitted in
subsection (e)(4), and violation of
which is a primary offense;
``(II) a requirement that the
driver obtain at least 40 hours of
behind-the-wheel training with a
licensed driver who is at least 21
years of age, is the driver's parent or
guardian, or is a State-certified
driving instructor;
``(III) a requirement that the
driver attend a driver training course;
or
``(IV) a requirement that the
driver not be convicted, for a period
of six consecutive months immediately
prior to entering the intermediate
stage or receiving an unrestricted
driver's license, of any offense under
State or local law relating to the use
or operation of a motor vehicle;
``(B) an intermediate stage that--
``(i) is at least 6 months in duration;
``(ii) restricts driving at night;
``(iii) for a period of not less than six
months, prohibits the driver from operating a
motor vehicle with more than 1 nonfamilial
passenger younger than 21 years of age unless a
licensed driver who is at least 21 years of
age, is the driver's parent or guardian, or is
a State-certified driving instructor is in the
motor vehicle; and
``(iv) has at least one of the following
criteria:
``(I) a requirement that the
intermediate stage remain in effect
until the driver reaches 18 years of
age;
``(II) a prohibition on the driver
using a personal wireless
communications device, as defined in
subsection (e)(9)(B), while driving
except under an exception permitted in
subsection (e)(4), and violation of
which is a primary offense; or
``(III) a requirement that the
driver not be convicted, for a period
of six consecutive months immediately
prior to receiving an unrestricted
driver's license, of any offense under
State or local law relating to the use
or operation of a motor vehicle; and
``(C) any other requirement prescribed by the
Secretary.
``(3) Exception.--A State that otherwise meets the minimum
requirements set forth in paragraph (2) shall be deemed by the
Secretary to be in compliance with the requirement set forth in
paragraph (2) if the State enacted a law before January 1,
2011, establishing a class of license that permits licensees or
applicants younger than 18 years of age to drive a motor
vehicle--
``(A) in connection with work performed on, or for
the operation of, a farm owned by family members who
are directly related to the applicant or licensee; or
``(B) if demonstrable hardship would result from
the denial of a license to the licensees or applicants.
``(4) Grants to states that implement national driver
education standards and enhanced intermediate stage
restrictions.--
``(A) In general.--The Secretary shall make a
separate grant under this paragraph, in accordance with
subparagraphs (B) and (C), to each State that
implements national driver education and training
standards prescribed by the National Highway Traffic
Safety Administration and enhanced intermediate stage
restrictions.
``(B) First year.--A State is eligible for the
grant described in this paragraph if the State--
``(i) has not received a grant under this
paragraph in a prior fiscal year;
``(ii) receives a grant in the same fiscal
year pursuant to paragraph (1);
``(iii) has satisfied the criterion
described in paragraph (2)(A)(iii)(III) for the
same fiscal year; and
``(iv) submits a plan, approved by the
Secretary, to implement national driver
education and training standards prescribed by
the National Highway Traffic Safety
Administration.
``(C) Successive years.--A State is eligible for
the grant described in this paragraph if the State--
``(i) has received a grant under this
paragraph in a prior fiscal year;
``(ii) receives a grant in the same fiscal
year pursuant to paragraph (1);
``(iii) has satisfied the criterion
described in paragraph (2)(A)(iii)(III) for the
same fiscal year;
``(iv) demonstrates, to the satisfaction of
the Secretary, that it is implementing the plan
described in subparagraph (B)(iv);
``(v) imposes the restrictions described in
paragraph (2)(B)(ii) beginning no later than
10:00 pm; and
``(vi) imposes the restrictions described
in paragraph (2)(B)(iii) for the entire
intermediate stage.
``(D) Funding.--Not more than 33 percent of the
amounts made available to carry out this subsection in
a fiscal year shall be made available by the Secretary
for making grants under this paragraph.
``(5) Grant amount.--The allocation of grant funds to a
State under this subsection for a fiscal year shall be in
proportion to the State's apportionment under section 402 for
fiscal year 2009.
``(6) Use of grant amounts.--Of the grant funds received by
a State under this subsection--
``(A) at least 25 percent shall be used for--
``(i) enforcing a 2-stage licensing process
that complies with paragraph (2);
``(ii) training for law enforcement
personnel and other relevant State agency
personnel relating to the enforcement described
in clause (i);
``(iii) publishing relevant educational
materials that pertain directly or indirectly
to the State graduated driver licensing law;
``(iv) carrying out other administrative
activities that the Secretary considers
relevant to the State's 2-stage licensing
process; or
``(v) carrying out a teen traffic safety
program described in section 402(m); and
``(B) up to 75 percent may be used for any eligible
project or activity under section 402.''.
SEC. 4006. AMENDMENT TO IGNITION INTERLOCK GRANT CRITERIA.
Section 405(d)(6) of title 23, United States Code, is amended by
striking subparagraph (A) and inserting the following:
``(A) In general.--The Secretary shall make a
separate grant under this subsection to each State that
adopts and is enforcing a law that requires all
individuals convicted of driving under the influence of
alcohol or of driving while intoxicated to receive--
``(i) a restriction on driving privileges
that limits the individual to operating only
motor vehicles with an ignition interlock
installed; or
``(ii) a requirement to participate in a
24-7 sobriety program, if--
``(I) a State-certified ignition
interlock provider is not available
within 100 miles of the individual's
residence; or
``(II) the individual is required
to operate an employer's motor vehicle
in the course and scope of employment
and the business entity that owns the
vehicle is not owned or controlled by
the individual.''.
SEC. 4007. AMENDMENT TO REPEAT OFFENDER AND OPEN CONTAINER CRITERIA.
(a) Definitions.--Section 164(a) of title 23, United States Code,
is amended--
(1) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively;
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) 24-7 sobriety program.--The term `24-7 sobriety
program' means a State law or program that authorizes a State
court or a State agency to--
``(A) require an individual who plead guilty or was
convicted of driving under the influence of alcohol to
totally abstain from alcohol for a period of time; and
``(B) require the individual to be subject to
testing for alcohol--
``(i) at least twice per day; or
``(ii) by continuous transdermal alcohol
monitoring via an electronic monitoring
device.'';
(3) in paragraph (5), as redesignated, by striking
subparagraph (A) and inserting the following:
``(A) receive, for a period of not less than 1
year, one or more of the following penalties--
``(i) a suspension of all driving
privileges;
``(ii) a restriction on driving privileges
that limits the individual to operating only
motor vehicles with an ignition interlock
device installed;
``(iii) a requirement to participate in a
24-7 sobriety program, if--
``(I) a State-certified ignition
interlock provider is not available
within 100 miles of the individual's
residence; or
``(II) the individual is required
to operate an employer's motor vehicle
in the course and scope of employment
and the business entity that owns the
vehicle is not owned or controlled by
the individual; or
``(iv) any other restriction established by
regulations promulgated by the Secretary;'';
(4) in paragraph (5), as redesignated, by striking
subparagraph (B); and
(5) in paragraph (5), as redesignated, by redesignating
subparagraphs (C) and (D) as subparagraphs (B) and (C),
respectively.
(b) Transfer of Funds.--Section 164(b) of title 23, United States
Code, is amended--
(1) in paragraph (2)(A), by striking ``among the uses
authorized under subparagraphs (A) and (B) of paragraph (1),
and paragraph (3).'' and inserting ``among the uses authorized
under subparagraphs (A) and (B) of paragraph (1), paragraph
(3), and, beginning in fiscal year 2015, subparagraph (C).'';
and
(2) by inserting the following after paragraph (2)(B):
``(C) Additional uses of funds.--Beginning in
fiscal year 2015, of the funds transferred under
subparagraph (B)(i)--
``(i) not less than 5 percent shall be
expended for pedestrian and bicycle safety
activities if the State's combined pedestrian
and bicycle fatalities exceed 5 percent of the
State's total crash fatalities, based on the
most recently reported final data from the
Fatality Analysis Reporting System; and
``(ii) not more than 60 percent may be
directed to State and local law enforcement
agencies for enforcement of laws that can lead
to the detection of impaired drivers, including
the purchase of equipment, the training of
officers, and the use of additional personnel
dedicated to enforcement.''.
(c) Transfer of Funds.--Section 154(c) of title 23, United States
Code, is amended--
(1) in paragraph (2)(A), by striking ``use those reserved
funds in accordance with subparagraphs (A) and (B) of paragraph
(1) and paragraph (3).'' and inserting ``use those reserved
funds in accordance with subparagraphs (A) and (B) of paragraph
(1), paragraph (3), and, beginning in fiscal year 2015,
subparagraph (C).''; and
(2) by inserting the following after paragraph (2)(B):
``(C) Additional uses of funds.--Beginning in
fiscal year 2015, of the funds transferred under
subparagraph (B)(i)--
``(i) not less than 5 percent shall be
expended for pedestrian and bicycle safety
activities if the State's combined pedestrian
and bicycle fatalities exceed 5 percent of the
State's total crash fatalities, based on the
most recently reported final data from the
Fatality Analysis Reporting System; and
``(ii) not more than 60 percent may be
directed to State and local law enforcement
agencies for enforcement of laws that can lead
to the detection of impaired drivers, including
the purchase of equipment, the training of
officers, and the use of additional personnel
dedicated to enforcement.''.
SEC. 4008. AMENDMENT TO DISTRACTED DRIVING GRANT CRITERIA.
Section 405(e) of title 23, United States Code, is amended--
(1) in paragraph (3)--
(A) by inserting ``and'' at the end of subparagraph
(B); and
(B) by striking subparagraph (C) and redesignating
subparagraph (D) as subparagraph (C);
(2) in paragraph (4)(C), by striking ``section 31152'' and
inserting ``section 31136'';
(3) in paragraph (5), by striking ``Of'' and inserting
``Except as provided in paragraph (6)(B), of'';
(4) by striking paragraph (6) and inserting after paragraph
(5) the following:
``(6) Distracted driving enforcement grants.--
``(A) In general.--The Secretary may use up to 50
percent of the amounts available for grants under this
subsection to award grants to a State that--
``(i) in fiscal year 2015--
``(I) has a basic text messaging
statute, as determined by the
Secretary, that is applicable to
drivers of all ages;
``(II) makes violation of the
statute a primary offense;
``(III) participates in the annual
distracted driving law enforcement
mobilization coordinated by the
Secretary; and
``(IV) is otherwise ineligible for
a grant under this subsection;
``(ii) in fiscal year 2016--
``(I) meets the requirements of
subparagraph (A)(i); and
``(II) has a statute that
establishes a minimum fine for a first
violation and increased fines for
repeat violations of the statute; and
``(iii) in fiscal year 2017--
``(I) meets the requirements of
subparagraphs (A)(i) and (A)(ii); and
``(II) has a statute that prohibits
a driver who is younger than 18 years
of age from using a personal wireless
communications device while driving.
``(B) Use of grant funds; enforcement grants.--
``(i) Subject to subparagraphs (B)(ii) and
(B)(iii), amounts received by a State under
subparagraph (A) may be used for activities
related to the enforcement of distracted
driving laws as follows:
``(ii) In fiscal year 2016, up to 15
percent for any eligible project or activity
under section 402.
``(iii) In fiscal year 2017, up to 25
percent for any eligible project or activity
under section 402.''; and
(5) by striking paragraph (8), redesignating paragraph (7)
as paragraph (8), and inserting after paragraph (6), as amended
by this Act, the following:
``(7) Grant amount.--The allocation of grant funds to a
State under this subsection shall be in proportion to the
State's apportionment under section 402 for fiscal year
2009.''.
SEC. 4009. STREAMLINING OF NATIONAL PRIORITY SAFETY PROGRAMS.
Section 405(a)(1) of title 23, United States Code, is amended by
striking subparagraph (H).
SEC. 4010. AMENDMENT TO HIGHWAY RESEARCH AND DEVELOPMENT.
Section 403 of title 23, United States Code, is amended by
inserting at the end the following:
``(i) Federal Share.--The Federal share of the cost of any project
or activity carried out under this section may be up to 100 percent if
so specified in the project agreement.''.
Subtitle B--Motor Vehicle Safety
SEC. 4101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Account of the Transportation Trust
Fund to carry out chapter 301 of title 49, United States Code, and part
C of subtitle VI of title 49, United States Code:
(1) $152,000,000 for fiscal year 2015;
(2) $159,600,000 for fiscal year 2016;
(3) $167,580,000 for fiscal year 2017; and
(4) $175,959,000 for fiscal year 2018.
(b) Contract Authority.--The amounts made available under
subsection (a) shall be available for obligation in the same manner as
if such funds were apportioned or allocated under chapter 1 of title
23, United States Code, except that the Federal share of the cost of
any project or activity carried out under chapter 301 of title 49,
United States Code, or part C of subtitle VI of title 49, United States
Code, shall be 100 percent or as otherwise provided in the project
agreement.
SEC. 4102. RECALL OBLIGATIONS UNDER BANKRUPTCY.
Section 30120A of title 49, United States Code is amended by
striking ``chapter 11 of title 11,'' and inserting ``chapter 7 or
chapter 11 of title 11''.
SEC. 4103. PROHIBITION ON RENDERING SAFETY ELEMENTS INOPERATIVE.
Section 30122 of title 49, United States Code, is amended by
revising subsection (b) to read as follows:
``(b) Prohibition.--(1) Except as provided in paragraph (2) of this
subsection, a person may not knowingly make inoperative any part of a
device or element of design installed on or in a motor vehicle or motor
vehicle equipment in compliance with an applicable motor vehicle safety
standard prescribed under this chapter unless the person reasonably
believes the vehicle or equipment will not be used (except for testing
or a similar purpose during maintenance or repair) when the device or
element is inoperative.
``(2) The prohibition in paragraph (1) does not apply to
modifications made by an individual to a motor vehicle or item of
equipment owned or leased by that individual.''.
SEC. 4104. COOPERATION WITH FOREIGN GOVERNMENTS.
(a) Title 49 Amendment.--Section 30182(b) of title 49, United
States Code, is amended by inserting after paragraph (5) the following:
``(6) enter into cooperative agreements (in coordination
with the Department of State) and collaborative research and
development agreements with foreign governments.''.
(b) Title 23 Amendment.--Section 403 of title 23, United States
Code, is amended--
(1) in subsection (b)(2)(C), by inserting ``foreign
government (in coordination with the Department of State)''
after ``institution,''; and
(2) in subsection (c)(1)(A), by inserting ``foreign
governments,'' after ``local governments,''.
SEC. 4105. FUNCTIONAL SAFETY PROCESS.
(a) Standards.--Section 30111 of title 49, United States Code, is
amended--
(1) by revising the heading of the section to read as
follows:
``SEC. 30111. STANDARDS AND FUNCTIONAL SAFETY PROCESS.'';
and
(2) by inserting the following after subsection (e):
``(f) Functional Safety Process.--The Secretary shall prescribe
requirements or guidelines for the design, functional safety process,
verification and validation, and development of safety-related
electronics or software used in motor vehicles and motor vehicle
equipment to ensure that they are likely to function as intended and
contain fail safe features. The requirements shall be in the form of
regulations or guidelines. In prescribing regulations or guidelines
under this subsection, the Secretary shall consider existing relevant
safety information and motor vehicle safety standards.''.
(b) _____.--Section 30165(1) of title 49, United States Code, is
amended by inserting ``30111(f),'' after ``section''.
(c) Rming Amendment.--The analysis for chapter 301 is amended by
striking the item relating to section 30111 and inserting the
following:
``30111. Standards and functional safety process.''.
SEC. 4106. NOTIFICATION OF DEFECT OR NONCOMPLIANCE AND IMMINENT HAZARD
AUTHORITY.
(a) In General.--Section 30118 of title 49, United States Code, is
amended--
(1) in subsection (c), by inserting ``or electronic mail''
after ``certified mail''; and
(2) by inserting after subsection (e) the following:
``(f) Imminent Hazard.--(1) If the Secretary makes an initial
decision that a defect or noncompliance presents an immediate
likelihood of death or serious injury to the public, the Secretary may
determine that an imminent hazard exists. In such case, the Secretary
shall--
``(A) immediately notify the manufacturer;
``(B) make the initial decision available for public
inspection; and
``(C) provide the opportunity for the manufacturer to
present, not later than 10 calendar days after the initial
decision under this subsection, information, views, and
arguments.
``(2) As soon as practicable after following the procedures under
paragraph (1), the Secretary shall make a final decision and shall, as
appropriate, require the manufacturer to take corrective action.''.
(b) Procedures.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall issue procedures to implement section
30118(f) of title 49, United States Code, consistent with the
provisions of chapter 301 of title 49 and the Administrative Procedure
Act.
SEC. 4107. AMENDMENT TO JUDICIAL REVIEW PROVISIONS.
(a) In General.--Section 30161 of title 49, United States Code, is
amended--
(1) by revising the heading of the section to read as
follows:
``SEC. 30161. JUDICIAL REVIEW OF ORDERS AND STANDARDS.'';
and
(2) by striking the first sentence of subsection (a), and
inserting the following: ``Except for an order to issue
provisional notification under section 30121 of this title,
which may not be reviewed, a person adversely affected by an
order issued under this chapter, a rule prescribing a motor
vehicle safety standard under this chapter, or any other final
agency action taken under this chapter may apply for review of
the order, rule, or action by filing a petition for review in
the Court of Appeals of the United States for the circuit in
which the person resides or has its principal place of business
or the District of Columbia Circuit''.
(b) Recalls Enforcement.--Section 30163 of title 49, United States
Code, is amended by adding the following at the end:
``(f) Actions To Enforce Recall Orders.--In an action brought under
subsection (a) of this section concerning an order issued under section
30118(b) of this title, the Attorney General need only prove that the
Secretary provided appropriate notification to the manufacturer under
section 30118 and need not establish the substantive validity of the
order, which may only be challenged by the manufacturer through the
timely filing of a petition under section 30161 of this title. If an
action is brought under subsection (a) of this section prior to the
expiration of the time available for the filing of a petition under
section 30161, the manufacturer may seek a stay of the district court
action until the resolution of any petition for review under section
30161.
``(g) Actions To Collect a Civil Penalty.--The Attorney General may
bring a civil action in a United States District Court to collect a
civil penalty or to collect an amount agreed upon in compromise by the
Secretary under section 30165 of this title.''.
(c) Conforming Amendment.--The analysis for chapter 301 is amended
by striking the item relating to section 30161 and inserting the
following:
``30161. Judicial review of orders and standards''.
SEC. 4108. INSPECTION AUTHORITY UNDER AUTOMOBILE FUEL ECONOMY STATUTE.
Section 32910 of title 49, United States Code, is amended--
(1) in subsection (a)(1)(A), striking ``inspect and copy
records of any person at reasonable times'', and inserting
``conduct an inspection or investigation that may be necessary
to enforce this chapter or a regulation prescribed or order
issued under this chapter''; and
(2) by redesignating subsections (b), (c) and (d) as (c),
(d) and (e), respectively, and inserting after subsection (a)
the following:
``(b) Matters That Can Be Inspected and Impoundment.--In carrying
out this chapter, an officer or employee designated by the Secretary of
Transportation--
``(1) at reasonable times, may inspect and copy any record
related to this chapter;
``(2) on request, may inspect records of a manufacturer,
distributor, or dealer to decide whether the manufacturer,
distributor, or dealer has complied or is complying with this
chapter or a regulation prescribed or order issued under this
chapter; and
``(3) at reasonable times, in a reasonable way, and on
display of proper credentials and written notice to an owner,
operator, or agent in charge, may--
``(A) enter and inspect with reasonable promptness
premises in which a motor vehicle or motor vehicle
equipment is manufactured, held for introduction in
interstate commerce, or held for sale after
introduction in interstate commerce;
``(B) inspect with reasonable promptness that
vehicle or equipment; and
``(C) impound for not more than 72 hours that
vehicle or equipment.''.
SEC. 4109. RECALL AUTHORITY OVER RENTAL CAR COMPANIES AND USED CAR
DEALERS.
(a) Sale, Lease or Rental Restrictions.--Section 30120(i) of title
49, United States Code, is amended to read as follows:
``(i) Limitation on Sale, Lease or Rental of Vehicles or
Equipment.--
``(1) After receipt of a notification of a defect or
noncompliance about a motor vehicle or new item of replacement
equipment under section 30119 of this title, a dealer may sell
or lease that motor vehicle or new item of replacement
equipment, and a rental company may rent that vehicle, only
if--
``(A) the defect or noncompliance is remedied as
required by this section before delivery under the
sale, lease or rental agreement; or
``(B) when the notification is required by an order
under section 30118(b) of this title, enforcement of
the order is restrained or the order is set aside in a
civil action to which section 30121(d) of this title
applies.
``(2) This subsection does not prohibit a dealer from
offering for sale or lease the vehicle or equipment.
``(3) As used in this subsection, the term `rental company'
means a person who is engaged in the business of renting a
motor vehicle that has a gross vehicle weight rating of 10,000
pounds or less, is rented without a driver for an initial term
of less than 4 months and is part of a motor vehicle fleet of 5
or more motor vehicles that are used for rental purposes.''.
(b) Sale or Lease of Used Motor Vehicles.--Section 30120 of title
49, United States Code, is amended by adding at the end the following:
``(k) Limitation on Sale or Lease of Used Motor Vehicles.--(1) A
person who sold at least 10 motor vehicles during the prior 12 months
to purchasers that in good faith purchase the vehicles other than for
resale, may not sell or lease a used motor vehicle until any defect or
noncompliance determined under section 30118 of this title with respect
to the vehicle has been remedied.
``(2) Paragraph (1) shall not apply if--
``(A) notification of the defect or noncompliance with
respect to the vehicle is required under section 30118(b) but
enforcement of the order is set aside in a civil action to
which section 30121(b) applies; or
``(B) if at the time of sale or lease--
``(i) the recall information regarding a used motor
vehicle was not available using the means established
by the Secretary under section 31301 of Public Law 112-
141; and
``(ii) notification under section 30119 was not
received by the seller or lessor.
``(3) As used in this subsection, the term `used motor vehicle'
means a motor vehicle that has been purchased previously other than for
resale.''.
SEC. 4110. CIVIL PENALTIES.
Section 30165(a) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``or causes the violation of''
after ``violates'' in the first sentence;
(B) by striking ``$5,000'' and inserting
``$25,000'';
(C) by striking ``$35,000,000'' and inserting
``$300,000,000''; and
(D) by inserting at the end of the paragraph the
following: ``An individual is liable under this section
only for willfully causing or committing a violation.
An individual who has been instructed to commit a
violation by a person of greater authority in the
entity in which the individual is employed has not
acted willfully'';
(2) in paragraph (2)--
(A) by striking ``$10,000'' in subparagraph (A) and
inserting ``$100,000''; and
(B) by striking ``$15,000,000'' in subparagraph (B)
and inserting ``$300,000,000''; and
(3) in paragraph (3)--
(A) by striking ``$5,000'' and inserting
``$25,000''; and
(B) by striking ``$35,000,000'' and inserting
``$300,000,000''.
SEC. 4111. TECHNICAL CORRECTIONS TO THE MOTOR VEHICLE AND HIGHWAY
SAFETY IMPROVEMENT ACT OF 2012.
(a) Highway Safety Programs.--Section 402 of title 23, United
States Code is amended--
(1) in subsection (b)(1)(C), by striking ``except as
provided in paragraph (3),'';
(2) in subsection (b)(1)(E)--
(A) by striking ``in which a State'' and inserting
``for which a State''; and
(B) by striking ``subsection (f)'' and inserting
``subsection (k)''; and
(3) in subsection (k)(4), by striking ``paragraph (2)(A)''
and inserting ``paragraph (3)(A)''.
(b) Highway Safety Research and Development.--Section 403(e) of
title 23, United States Code is amended by inserting ``of title 49,
United States Code'' after ``chapter 301''.
(c) National Priority Safety Programs.--Section 405 of title 23,
United States Code is amended--
(1) in subsection (d)(5), by striking ``section 402(c)''
and inserting ``section 402'';
(2) by striking subsection (f)(2), and inserting the
following:
``(2) Grant amount.--The allocation of grant funds to a
State under this subsection for a fiscal year shall be in
proportion to the State's apportionment under section 402 for
fiscal year 2009, provided that the amount of a grant awarded
to a State for a fiscal year may not exceed 25 percent of the
amount apportioned to the State under section 402 for fiscal
year 2009.''; and
(3) in subsection (f)(4)(A)(iv), by striking ``under
subsection (g)''.
(d) Open Container Requirements.--Section 154 of title 23, United
States Code is amended--
(1) in subsection (c)(3)(A), by striking ``transferred''
and inserting ``reserved''; and
(2) in subsection (c)(5), by inserting ``or released''
after ``transferred''.
(e) Minimum Penalties for Repeat Offenders for Driving While
Intoxicated or Driving Under the Influence.--Section 164 of title 23,
United States Code is amended--
(1) in subsection (b)(3)(A), by striking ``transferred''
and inserting ``reserved''; and
(2) in subsection (b)(5), by inserting ``or released''
after ``transferred''.
TITLE V--MOTOR CARRIER SAFETY PROGRAM
SEC. 5001. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
Subtitle A--Commercial Motor Vehicle Safety
SEC. 5101. COMMERCIAL MOTOR VEHICLE DEFINED.
Section 31101(1) is amended to read as follows:
``(1) `commercial motor vehicle' means (except in section
31106 of this title) a self-propelled or towed vehicle used on
the highways in commerce to transport passengers or property,
if the vehicle--
``(A) has a gross vehicle weight rating or gross
vehicle weight of at least 10,001 pounds, whichever is
greater;
``(B) is designed or used to transport more than 8
passengers (including the driver) for compensation;
``(C) is designed or used to transport more than 15
passengers, including the driver, and is not used to
transport passengers for compensation; or
``(D) is used in transporting material found by the
Secretary of Transportation to be hazardous under
section 5103 of this title and transported in a
quantity requiring placarding under regulations
prescribed by the Secretary under section 5103 of this
title.''.
SEC. 5102. MOTOR CARRIER OPERATIONS AFFECTING INTERSTATE COMMERCE.
(a) Prohibited Transportation.--Section 521(b)(5) is amended by
inserting after paragraph (B) the following:
``(C) If an employee, vehicle, or all or part of an
employer's commercial motor vehicle operations has been
ordered out of service pursuant to paragraph (5)(A),
the commercial motor vehicle operations of the
employee, vehicle or employer that affect interstate
commerce are also prohibited.''.
(b) Prohibition on Operation in Interstate Commerce After
Nonpayment of Penalties.--Section 521(b)(8) is amended--
(1) by striking ``An owner or operator of a commercial
motor vehicle'' and inserting ``A person'' in subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
(3) by inserting after subparagraph (A) the following:
``(B) A person prohibited from operating in
interstate commerce pursuant to paragraph (8)(A) may
not operate any commercial motor vehicle where such
operation affects interstate commerce.''; and
(4) by striking ``commercial motor vehicle owners and
operators'' in subparagraph (C) (as redesignated by paragraph
(2)) and inserting ``a person''.
SEC. 5103. BUS RENTALS AND DEFINITION OF EMPLOYER.
Paragraph (3) of section 31132 is amended to read as follows:
``(3) `employer'--
``(A) means a person engaged in a business
affecting interstate commerce that--
``(i) owns or leases a commercial motor
vehicle in connection with that business, or
assigns an employee to operate the commercial
motor vehicle; or
``(ii) offers for rent or lease a motor
vehicle designed or used to transport more than
8 passengers, including the driver, and from
the same location or as part of the same
business provides names or contact information
of drivers, or holds itself out to the public
as a charter bus company; but
``(B) does not include the Government, a State, or
a political subdivision of a State.''.
SEC. 5104. HIGH-RISK CARRIER REVIEWS.
(a) High-Risk Carrier Reviews.--Section 31104(b) (as amended by
section 5401) is amended by adding at the end of paragraph (2) the
following:
``From the funds authorized by this subsection, the Secretary shall
ensure that a review is completed on each motor carrier that
demonstrates through performance data that it poses the highest safety
risk. At a minimum, a review shall be conducted whenever a motor
carrier is among the highest risk carriers for 2 consecutive months.''.
(b) Conforming Amendment.--Section 4138 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users (49
U.S.C. 31144 note) is repealed.
SEC. 5105. NEW ENTRANT SAFETY AUDITS.
Section 31144(g) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``shall'' and inserting ``may'';
and
(B) by striking ``each owner and each operator''
and inserting ``an owner or operator'';
(2) in paragraph (1)(B)--
(A) by striking ``shall'' and inserting ``may'';
and
(B) by striking ``each owner and each operator''
and inserting ``an owner or operator'';
(3) by striking paragraph (3);
(4) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(5) in paragraph (3), as redesignated, by striking ``after
the date on which section 31148(b) is first implemented shall''
and inserting ``may''.
SEC. 5106. IMMINENT HAZARD ACTIONS.
Section 521(b)(5)(A) is amended--
(1) by striking ``that such'' and inserting ``that a
request for review must be made in writing within 15 days after
issuance of the order, and if timely requested, the'';
(2) by striking ``occur'' and inserting ``commence''; and
(3) by striking ``issuance of such order'' and inserting
``receipt of the request for review''.
SEC. 5107. INTERNATIONAL COMMERCE TRANSPORTED ON HIGHWAYS THROUGH THE
UNITED STATES.
(a) Section 13501(1) is amended by--
(1) in subparagraph (D), striking ``or'';
(2) in subparagraph (E), striking ``and'' at the end and
inserting ``or''; and
(3) inserting the following:
``(F) a foreign county and another foreign county,
or between two places in the same foreign country, to
the extent the transportation is in the United States;
and''.
(b) Section 31132(4) is amended by--
(1) striking ``a place in a State and'';
(2) in subparagraph (A)--
(A) inserting ``a place in a State and'' before ``a
place outside that State'';
(B) striking ``or''; and
(3) in subparagraph (B)--
(A) inserting ``a place in a State and'' before
``another place'';
(B) striking the period and inserting ``and''; and
(C) inserting at the end the following:
``(C) a foreign county and another foreign county,
or between two places in the same foreign country, to
the extent the trade, traffic, or transportation is in
the United States.''.
Subtitle B--Driver Safety Provisions
SEC. 5201. COMMERCIAL DRIVER'S LICENSE REQUIREMENTS.
(a) Licensing Standards.--Section 31305(a)(7) is amended by
inserting ``would not be subject to a disqualification under section
31310(g) of this title and'' after ``taking the tests''.
(b) Disqualifications.--Section 31310(g)(1) is amended by deleting
``who holds a commercial driver's license and''.
SEC. 5202. DISQUALIFICATIONS BASED ON NON-COMMERCIAL MOTOR VEHICLE
OPERATIONS.
(a) First Offense.--Section 31310(b)(1)(D) is amended by deleting
``commercial'' twice, after ``revoked, suspended, or canceled based on
the individual's operation of a'' and again after ``disqualified from
operating a commercial motor vehicle based on the individual's
operation of a''.
(b) Second Offense.--Section 31310(c)(1)(D) is amended by striking
``commercial'' twice, after ``revoked, suspended, or canceled based on
the individual's operation of a'' and again after ``disqualified from
operating a commercial motor vehicle based on the individual's
operation of a''.
SEC. 5203. RECORDING OF FEDERAL DISQUALIFICATIONS ON CDLIS.
Section 31311(a)(15) is amended by--
(1) inserting ``(A)'' after ``(15)''; and
(2) inserting after clause (A), as redesignated, the
following:
``(B) Not later than 10 days after receiving notice
from the Secretary that an individual has been
disqualified by the Secretary from operating a
commercial motor vehicle, the State shall--
``(i) disqualify the individual from
operating a commercial motor vehicle for the
period of the Federal disqualification; and
``(ii) notify the operator of the
information system under section 31309 of this
title to record the disqualification and the
violation that resulted in the
disqualification.''.
SEC. 5204. FAILURE TO PAY CIVIL PENALTY AS A DISQUALIFYING OFFENSE.
(a) In General.--Chapter 311 is amended by inserting after section
31151 the following:
``Sec. 31152. Disqualification for failure to pay
``An individual assessed a civil penalty under this chapter, or
chapters 5, 51, or 149 of this title, or a regulation issued under any
of those provisions, who fails to pay the penalty or fails to comply
with the terms of a settlement with the Secretary, shall be
disqualified from operating a commercial motor vehicle. The
disqualification shall continue until the penalty has been paid, or the
individual complies with the terms of the settlement, unless such
nonpayment is because the individual is a debtor in a case under
chapter 11 of title 11, United States Code.''.
(b) Technical Amendments.--Section 31310 is amended--
(1) by redesignating subsections (h) through (k) as
subsections (i) through (l), respectively;
(2) by inserting after subsection (g) the following:
``(h) Disqualification for Failure To Pay.--The Secretary shall
disqualify from operating a commercial motor vehicle any individual
failing to pay a civil penalty within the prescribed period, or failing
to conform to the terms of any settlement with the Secretary. The
disqualification shall continue until the penalty has been paid, or the
individual conforms to the terms of the settlement, unless the
nonpayment is because the individual is a debtor in a case under
chapter 11 of title 11, United States Code.''; and
(3) in subsection (i) (as redesignated by paragraph (1) of
this subsection) by striking ``Notwithstanding subsections (b)
through (g)'' and inserting ``Notwithstanding subsections (b)
through (h)''.
(c) Conforming Amendment.--The analysis of chapter 311 is amended
by inserting after the item relating to section 31151 the following:
``31152. Disqualification for failure to pay.''.
SEC. 5205. CONTROLLED SUBSTANCE VIOLATIONS.
Section 31310(d) is amended by--
(1) inserting after ``Controlled Substance Violations.--''
the following:
``(1) An individual who receives a verified positive DOT
drug test is disqualified from operating a commercial motor
vehicle and remains disqualified until the individual completes
the substance abuse professional evaluation and treatment and
return to duty process under part 40, subpart O of title 49,
Code of Federal Regulations.''; and
(2) inserting ``(2)'' before ``The Secretary''.
Subtitle C--Medical and Registration Provisions
SEC. 5301. EFFECT OF DRIVING ON COMMERCIAL MOTOR VEHICLE OPERATORS.
Section 31136(a)(4) is amended to read as follows:
``(4) the operation of commercial motor vehicles does not
have a significantly adverse effect on the physical condition
of the operators; and''.
SEC. 5302. JURISDICTION OVER BROKERS OF MOTOR CARRIERS OF PASSENGERS.
Section 13506(a) is amended by deleting paragraph (14) and
redesignating paragraph (15) as paragraph (14).
SEC. 5303. REVOCATION OR SUSPENSION OF REGISTRATION.
Section 31134(c) is amended--
(1) by striking ``The Secretary'' and inserting ``(1) In
general.--The Secretary'';
(2) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively;
(3) in subparagraph (1)(B) (as redesignated), by striking
``knowingly failed to comply with the requirements listed in
subsection (b)(1)'' and inserting ``willfully failed to comply
with--
``(i) this part;
``(ii) an applicable regulation or order of
the Secretary; or
``(iii) a condition of the registration.'';
(4) in subparagraph (1)(C) (as redesignated) by striking
``has not disclosed'' and inserting ``has--
``(i) failed to disclose; or
``(ii) operated under a new identity or as
an affiliate to avoid--
``(I) an order of the Secretary;
``(II) a statutory or regulatory
requirement;
``(III) a civil penalty imposed
under chapter 5, 51, 149, or 311;
``(IV) an enforcement action
initiated by the Secretary;
``(V) a final, proposed or
potential adverse safety fitness
determination; or
``(VI) a negative compliance
history;'';
(5) in subparagraph (1)(D) (as redesignated), by striking
the period and inserting a semicolon; and
(6) by adding at the end the following:
``(E) subject to paragraph (3) of this subsection,
the employer or person failed--
``(i) to pay a civil penalty imposed under
chapter 5, 51, 149, or 311 of this title;
``(ii) to arrange and abide by an
acceptable payment plan for such civil penalty,
not later than 90 days after the date specified
by order of the Secretary for the payment of
such penalty; or
``(iii) to obey a subpoena issued by the
Secretary; or
``(F) the employer or person failed to disclose, in
its application for registration, a material fact
relevant to its willingness and ability to comply
with--
``(i) this part;
``(ii) an applicable regulation or order of
the Secretary; or
``(iii) a condition of its registration.
``(2) Safety fitness; imminent hazard.--
``(A) Expedited procedure.--Notwithstanding
subchapter II of chapter 5 of title 5, and subject to
section 31144(c) of this title, the Secretary shall
revoke the registration of an employer or person if the
employer or person--
``(i) has been prohibited from operating a
commercial motor vehicle in interstate commerce
for failure to comply with the safety fitness
requirements of section 31144 of this title; or
``(ii) is or was conducting unsafe
operations that are or were an imminent hazard
(as defined in section 521(b)(5)(B) of this
title) to public health or property.
``(B) Notice of revocation.--The Secretary may
revoke a registration under this paragraph only after
giving notice of the revocation to the registrant.
``(3) Limitation.--Paragraph (1)(E) (i) and (ii) shall not
apply to a person who is unable to pay a civil penalty because
the person is a debtor in a case under chapter 11 of title
11.''.
SEC. 5304. REVOCATION OF REGISTRATION FOR FAILURE TO RESPOND TO
SUBPOENA.
Section 525 is amended by inserting ``subchapter III of chapter 311
or'' before ``chapter 139''.
SEC. 5305. LAPSE OF REQUIRED FINANCIAL SECURITY; SUSPENSION OF
REGISTRATION.
Section 13906(e) is amended by inserting ``or suspend'' after
``revoke''.
Subtitle D--Grants and Authorizations
SEC. 5401. FMCSA FINANCIAL ASSISTANCE PROGRAMS.
(a) Definition.--Section 31101 is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) `Secretary' means the Secretary of Transportation.''.
(b) MCSAP and High Priority Programs; FMCSA Authorizations.--
Sections 31102 through 31104 are amended to read as follows:
``Sec. 31102. Motor carrier safety assistance program
``(a) In General.--
``(1) The Secretary shall administer a Motor Carrier Safety
Assistance Program funded under section 31104 of this title.
``(2) The goal of the program is to ensure that the
Secretary, States, local governments, other political
jurisdictions, Federally recognized Indian Tribes, and other
persons work in partnership to establish programs to improve
motor carrier, commercial motor vehicle, and driver safety to
support a safe and efficient surface transportation system by--
``(A) making targeted investments to promote safe
commercial motor vehicle transportation, including the
transportation of passengers and hazardous materials;
``(B) investing in activities likely to generate
maximum reductions in the number and severity of
commercial motor vehicle crashes and fatalities
resulting from such crashes;
``(C) adopting and enforcing effective motor
carrier, commercial motor vehicle, and driver safety
regulations and practices consistent with Federal
requirements; and
``(D) assessing and improving statewide performance
by setting program goals and meeting performance
standards, measures, and benchmarks.
``(b) State Plans.--The Secretary shall prescribe procedures for a
State to submit a plan under which the State agrees to assume
responsibility for improving motor carrier safety, adopting and
enforcing regulations, standards, and orders of the Government on
commercial motor vehicle and hazardous materials transportation safety,
and adopting and enforcing compatible State regulations, standards, and
orders. The Secretary shall approve a plan if the Secretary decides
that the plan is adequate to promote the objectives of this section,
and the plan--
``(1) implements performance-based activities, including
deployment of technology to enhance the efficiency and
effectiveness of commercial motor vehicle safety programs;
``(2) designates a lead State motor vehicle safety agency
responsible for administering the plan throughout the State;
``(3) contains satisfactory assurances that the lead State
agency has or will have the legal authority, resources, and
qualified personnel necessary to enforce the regulations,
standards, and orders;
``(4) contains satisfactory assurances that the State will
devote adequate resources to the administration of the plan and
enforcement of the regulations, standards, and orders;
``(5) provides a right of entry and inspection to carry out
the plan;
``(6) provides that all reports required under this section
be available to the Secretary on request;
``(7) provides that the lead State agency will adopt the
reporting requirements and use the forms for recordkeeping,
inspections, and investigations that the Secretary prescribes;
``(8) requires registrants of commercial motor vehicles to
demonstrate knowledge of applicable safety regulations,
standards, and orders of the Government and the State;
``(9) provides that the State will grant maximum
reciprocity for inspections conducted under the North American
Inspection Standards through the use of a nationally accepted
system that allows ready identification of previously inspected
commercial motor vehicles;
``(10) ensures that activities described in subsection (g)
of this section, if financed through grants made under this
section, will not diminish the effectiveness of the development
and implementation of commercial motor vehicle safety programs
described in subsection (a) of this section;
``(11) ensures that the lead State agency will coordinate
the plan, data collection, and information systems with the
State highway safety improvement program required under section
148(c) of title 23;
``(12) ensures participation in appropriate Federal Motor
Carrier Safety Administration information technology and data
systems and other information systems by all appropriate
jurisdictions receiving Motor Carrier Safety Assistance Program
funding;
``(13) ensures that information is exchanged among the
States in a timely manner;
``(14) provides satisfactory assurances that the State will
undertake efforts that will emphasize and improve enforcement
of State and local traffic safety laws and regulations related
to commercial motor vehicle safety;
``(15) provides satisfactory assurances that the State will
promote activities in support of national priorities and
performance goals, including--
``(A) activities aimed at removing impaired
commercial motor vehicle drivers from the highways of
the United States through adequate enforcement of
regulations on the use of alcohol and controlled
substances and by ensuring ready roadside access to
alcohol detection and measuring equipment;
``(B) activities aimed at providing an appropriate
level of training to State Motor Carrier Safety
Assistance Program officers and employees on
recognizing drivers impaired by alcohol or controlled
substances; and
``(C) when conducted with an appropriate commercial
motor vehicle inspection, interdiction activities, and
appropriate strategies for carrying out those
activities, including activities that affect the
transportation of controlled substances, as defined
under section 102 of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 802) and
listed in part 1308 of title 21, Code of Federal
Regulations, as updated and republished from time to
time, by any occupant of a commercial motor vehicle;
``(16) provides that the State has established and
dedicated sufficient resources to a program to ensure that--
``(A) the State collects and reports to the
Secretary accurate, complete, and timely motor carrier
safety data; and
``(B) the State participates in a national motor
carrier safety data correction system prescribed by the
Secretary;
``(17) ensures that the State will cooperate in the
enforcement of financial responsibility requirements under
sections 13906, 31138, and 31139 of this title, and regulations
issued under these sections;
``(18) ensures consistent, effective, and reasonable
sanctions;
``(19) ensures that roadside inspections will be conducted
at locations that are adequate to protect the safety of drivers
and enforcement personnel;
``(20) provides that the State will include in the training
manuals for the licensing examination to drive both
noncommercial motor vehicles and commercial motor vehicles
information on best practices for driving safely in the
vicinity of noncommercial and commercial motor vehicles;
``(21) provides that the State will enforce the
registration requirements of sections 13902 and 31134 of this
title by prohibiting the operation of any vehicle discovered to
be operated by a motor carrier without a registration issued
under these sections or to be operated beyond the scope of the
motor carrier's registration;
``(22) provides that the State will conduct comprehensive
and highly visible traffic enforcement and commercial motor
vehicle safety inspection programs in high-risk locations and
corridors;
``(23) except in the case of an imminent hazard or obvious
safety hazard, ensures that an inspection of a vehicle
transporting passengers for a motor carrier of passengers is
conducted at a station, terminal, border crossing, maintenance
facility, destination, or other location where adequate food,
shelter, and sanitation facilities are available for
passengers, and reasonable accommodations are available for
passengers with disabilities;
``(24) ensures that the State will transmit to its roadside
inspectors the notice of each Federal exemption granted
pursuant to section 31315(b) of this title and 49 C.F.R. 390.23
and 390.25 and provided to the State by the Secretary,
including the name of the person granted the exemption and any
terms and conditions that apply to the exemption;
``(25) except as provided in subsection (c) of this
section, provides that the State will conduct safety audits of
new entrant motor carriers pursuant to section 31144(g) of this
title;
``(26) provides that the State agrees to fully participate
in the Performance and Registration Information System
Management under section 31106(b) of this title no later than 3
years from the date of enactment of this provision by complying
with the program participation requirements established in
section 31106(b)(3) of this title; and
``(27) for a State that shares a land border with another
country, provides that the State--
``(A) will conduct a border commercial motor
vehicle safety program that includes enforcement and
related projects; or
``(B) if it declines to include appropriate border
related activities in its plan, will forfeit a
proportionate level of funding as determined by the
Secretary.
``(c) Exclusion of U.S. Territories.--The requirement that a State
conduct safety audits of new entrant motor carriers under subsection
(b)(25) of this section does not apply to a territory of the United
States unless required by the Secretary.
``(d) Intrastate Compatibility.--The Secretary shall prescribe
regulations specifying tolerance guidelines and standards for ensuring
compatibility of intrastate commercial motor vehicle safety laws and
regulations with Government motor carrier safety regulations to be
enforced under subsection (a) of this section. To the extent
practicable, the guidelines and standards shall allow for maximum
flexibility while ensuring a degree of uniformity that will not
diminish transportation safety.
``(e) Maintenance of Effort.--
``(1) In general.--A plan submitted by a State under
subsection (b) of this section shall provide that the total
expenditure of amounts of the lead State agency responsible for
administering the plan will be maintained at a level each
fiscal year at least equal to the average level of that
expenditure for fiscal years 2004 and 2005.
``(2) Average level of state expenditures.--In estimating
the average level of State expenditure under paragraph (1) of
this subsection, the Secretary--
``(A) may allow the State to exclude State
expenditures for Government-sponsored demonstration and
pilot programs and strike forces;
``(B) may allow the State to exclude expenditures
for activities related to border enforcement and new
entrant safety audits; and
``(C) shall require the State to exclude State
matching amounts used to receive Government financing
under this section.
``(3) Waivers.--Upon the request of a State, the Secretary
may waive or modify the requirements of this subsection for the
period of the plan, if the Secretary determines that a waiver
is equitable due to exceptional or uncontrollable
circumstances.
``(f) Use of Unified Carrier Registration Fees Agreement.--Amounts
generated under section 14504a of this title and received by a State
and used for motor carrier safety purposes may be included as part of
the State's share of the Motor Carrier Safety Assistance Program not
provided by the Government.
``(g) Use of Grants To Enforce Other Laws.--A State may use amounts
received under a grant under this section--
``(1) if the activities are carried out in conjunction with
an appropriate inspection of a commercial motor vehicle to
enforce Federal or State commercial motor vehicle safety
regulations, for the--
``(A) enforcement of commercial motor vehicle size
and weight limitations at locations (excluding fixed
weight facilities) such as near steep grades or
mountainous terrains, where the weight of a commercial
motor vehicle can significantly affect the safe
operation of the vehicle, or at ports where intermodal
shipping containers enter and leave the United States;
and
``(B) detection of and enforcement actions taken as
a result of criminal activity, including the
trafficking of human beings, in a commercial motor
vehicle or by any occupant, including the operator, of
the vehicle;
``(2) for documented enforcement of State traffic laws and
regulations designed to promote the safe operation of
commercial motor vehicles, including documented enforcement of
such laws and regulations relating to noncommercial motor
vehicles when necessary to promote the safe operation of
commercial motor vehicles, provided:
``(A) the number of motor carrier safety activities
(including roadside safety inspections) conducted in
the State is maintained at a level at least equal to
the average level of such activities conducted in the
State in fiscal years 2004 and 2005; and
``(B) the State does not use more than 5 percent of
the basic amount the State receives under a grant under
this section for enforcement activities relating to
noncommercial motor vehicles unless the Secretary
determines that a higher percentage will result in
significant increases in commercial motor vehicle
safety; and
``(3) for the enforcement of household goods regulations on
intrastate and interstate carriers, provided that the State has
adopted laws or regulations compatible with the Federal
household goods regulations.
``(h) Evaluation of Plan and Award of Grant.--
``(1) Award.--The Secretary may allocate the amounts
appropriated among the States whose plans have been approved
under criteria that the Secretary establishes.
``(2) Opportunity to cure.--If the Secretary disapproves a
plan under this section, the Secretary shall give the State a
written explanation of the reasons for disapproval and allow
the State to modify and resubmit the plan for approval.
``(i) Plan Monitoring.--
``(1) In general.--On the basis of reports submitted by the
lead State agency responsible for administering a plan approved
under this section and the Secretary's own investigations, the
Secretary shall make a continuing evaluation of the way the
State is carrying out the plan.
``(2) Withholding of funds.--If, after notice and an
opportunity to be heard, the Secretary finds that the State
plan previously approved is not being followed or has become
inadequate to ensure enforcement of the regulations, standards,
or orders, the Secretary may withdraw approval of the plan and
notify the State. The plan is no longer in effect once the
notice is received. In lieu of withdrawing approval of the
plan, the Secretary may withhold funding from the State to
which the State would otherwise be entitled under this section
for the period of the State's noncompliance. In exercising this
option, the Secretary may withhold up to 10 percent of funds
for the year that the Secretary notifies the State of its
noncompliance, up to 10 percent of funds for the first full
year of noncompliance, up to 25 percent of funds for the second
full year of noncompliance, and not less than 50 percent of
funds for the third and subsequent full years of noncompliance.
``(3) Judicial review.--A State adversely affected by the
Secretary's action under paragraph (2) of this subsection may
seek judicial review under chapter 7 of title 5.
Notwithstanding withdrawal of a plan approval, the State may
retain jurisdiction in administrative or judicial proceedings
begun before the withdrawal if the issues involved are not
related directly to the reasons for the withdrawal.
``(j) Allocation of MCSAP Funds.--On October 1 of each fiscal year,
or as soon as practicable after that date, and after making a deduction
under section 31104(a)(3) of this title, the Secretary shall allocate
amounts made available to carry out this section for the fiscal year
among the States with plans approved under this section. The allocation
shall be made under criteria prescribed by the Secretary.
``Sec. 31103. High priority program
``(a) In General.--The Secretary shall administer a High Priority
Program funded under section 31104 of this title.
``(b) Purpose.--The purpose of the program is to make grants to and
cooperative agreements with States, local governments, other political
jurisdictions, Federally recognized Indian Tribes, and any person to
carry out high priority activities and projects, including activities
and projects that--
``(1) increase public awareness and education on commercial
motor vehicle safety;
``(2) target unsafe driving of commercial motor vehicles
and non-commercial motor vehicles in areas identified as high
risk crash corridors;
``(3) support the enforcement of household goods
regulations on intrastate and interstate carriers, provided
that the State has adopted laws or regulations compatible with
the Federal household good regulations;
``(4) improve the safe and secure movement of hazardous
materials and the transportation of goods and persons in
foreign commerce;
``(5) demonstrate new technologies to improve commercial
motor vehicle safety;
``(6) otherwise improve commercial motor vehicle safety and
compliance with commercial motor vehicle safety regulations; or
``(7) support participation in the Performance and
Registration Information System Management under section
31106(b) of this title.
``(c) Safety Data Improvement.--
``(1) In general.--In addition to the activities and
projects under subsection (b) of this section and subject to
paragraph (2) of this subsection, the Secretary may make a
grant to or cooperative agreement with a State under this
section to improve the accuracy, timeliness, and completeness
of commercial motor vehicle safety data reported to the
Secretary.
``(2) Eligibility.--A State shall be eligible for funding
under this subsection in a fiscal year if the Secretary
determines that the State has--
``(A) conducted a comprehensive audit of its
commercial motor vehicle safety data system within the
preceding 2 years;
``(B) developed a plan that identifies and
prioritizes its commercial motor vehicle safety data
needs and goals; and
``(C) identified performance-based measures to
determine progress toward those goals.
``Sec. 31104. Availability of amounts
``(a) Financial Assistance Programs.--
``(1) In general.--The following sums are authorized to be
appropriated from the Highway Account of the Transportation
Trust Fund for the following Federal Motor Carrier Safety
Administration programs:
``(A) Grant program for the motor carrier safety
assistance program.--Subject to paragraph 3 of this
subsection, to carry out sections 31102 and 31103 of
this title--
``(i) $288,173,000 for fiscal year 2015;
``(ii) $309,081,000 for fiscal year 2016;
``(iii) $330,638,000 for fiscal year 2017;
and
``(iv) $352,863,000 for fiscal year 2018.
``(B) Financial assistance program for high
priority activities.--To make grants and cooperative
agreements under section 31103 of this title, the
Secretary may set aside from amounts made available
under subparagraph (A) of this paragraph up to--
``(i) $21,178,000 for fiscal year 2015;
``(ii) $23,526,000 for fiscal year 2016;
``(iii) $25,947,000 for fiscal year 2017;
and
``(iv) $28,443,000 for fiscal year 2018.
``(C) Grant program for innovative technology.--To
carry out section 31109 of this title--
``(i) $25,000,000 for fiscal year 2015;
``(ii) $25,000,000 for fiscal year 2016;
``(iii) $25,000,000 for fiscal year 2017;
and
``(iv) $25,000,000 for fiscal year 2018.
``(D) Financial assistance program for commercial
driver's license program implementation.--To carry out
section 31313 of this title--
``(i) $38,580,000 for fiscal year 2015;
``(ii) $39,776,000 for fiscal year 2016;
``(iii) $41,009,000 for fiscal year 2017;
and
``(iv) $42,280,000 for fiscal year 2018.
``(E) Grant program for commercial motor vehicle
operators.--To carry out section 31110 of this title,
$1,000,000 for each fiscal year, 2015 through 2018.
``(2) Reimbursement for government's share of costs.--
Amounts made available under this section shall be used to
reimburse financial assistance recipients proportionally for
the United States Government's share of the costs incurred.
``(3) Deduction for partner training and program support.--
On October 1 of each fiscal year or as soon after that date as
practicable, the Secretary may deduct, from amounts made
available under subparagraphs (A), (C), and (D) of paragraph 1
of this subsection for that fiscal year, not more than 1.50
percent of those amounts for partner training and program
support in that fiscal year. The Secretary shall use at least
75 percent of those deducted amounts to train non-Government
employees and to develop related training materials in carrying
out these programs.
``(4) Grants and cooperative agreements as contractual
obligations.--The approval of a grant or cooperative agreement
by the Secretary under section 31102, 31103, 31109, 31110, or
31313 of this title is a contractual obligation of the
Government for payment of the Government's share of costs in
carrying out the provisions of the grant or cooperative
agreement.
``(5) Eligible activities.--The Secretary shall establish
criteria for eligible activities to be funded with grants or
cooperative agreements under this section and publish those
criteria in a notice of funding availability before the program
application period.
``(6) Reimbursement.--The Secretary shall reimburse a
recipient, from a grant or cooperative agreement made under
section 31102, 31103, 31109, 31110, or 31313 of this title, an
amount that is at least 85 percent of the costs incurred by the
recipient in a fiscal year in developing and implementing
programs under these sections.
``(7) Payment to recipients for costs.--Each recipient
shall submit vouchers at least quarterly for costs the
recipient incurs in developing and implementing programs under
section 31102, 31103, 31109, 31110, or 31313 of this title. The
Secretary shall pay the recipient an amount not more than the
Government share of the costs incurred as of the date of the
vouchers. The Secretary shall include a recipient's in-kind
contributions in determining the reimbursement.
``(8) Availability of allocations.--Grants or cooperative
agreements to carry out section 31102, 31103, 31109, 31110, or
31313 of this title remain available for expenditure by the
recipient for the fiscal year in which they are allocated and
for the next two fiscal years. Amounts not expended during the
time permitted are released to the Secretary for reallocation.
``(b) Administrative Expenses.--
``(1) Authorization of appropriations.--The following sums
are authorized to be appropriated from the Highway Account of
the Transportation Trust Fund for the Secretary of
Transportation to pay administrative expenses of the Federal
Motor Carrier Safety Administration--
``(A) $315,770,000 for fiscal year 2015;
``(B) $372,743,000 for fiscal year 2016;
``(C) $398,953,000 for fiscal year 2017; and
``(D) $378,106,000 for fiscal year 2018.
``(2) Use of funds.--The funds authorized by this
subsection shall be used for personnel costs; administrative
infrastructure; rent; information technology; programs for
research and technology, information management, regulatory
development, the administration of the performance and
registration information system management, and outreach and
education; to fund the facilities working capital fund; other
operating expenses; and such other expenses as may from time to
time become necessary to implement statutory mandates of the
Federal Motor Carrier Safety Administration not funded from
other sources.
``(3) Outreach and education.--
``(A) In general.--The Secretary shall conduct,
through any combination of grants, contracts, or
cooperative agreements, an outreach and education
program to be administered by the Federal Motor Carrier
Safety Administration.
``(B) Program elements.--The program shall include,
at a minimum--
``(i) a program to promote a more
comprehensive and national effort to educate
commercial motor vehicle drivers and passenger
vehicle drivers about how commercial motor
vehicle drivers and passenger vehicle drivers
can more safely share the road with each other;
``(ii) a program to promote enhanced
traffic enforcement efforts aimed at reducing
the incidence of the most common unsafe driving
behaviors that cause or contribute to crashes
involving commercial motor vehicles and
passenger vehicles; and
``(iii) a program to establish a public-
private partnership to provide resources and
expertise for the development and dissemination
of information relating to sharing the road
referred to in clauses (i) and (ii) of this
subparagraph to each partner's constituents and
to the general public through the use of
brochures, videos, paid and public
advertisements, the Internet, and other media.
``(C) Funding.--From amounts made available in
paragraph (1) of this subsection, the Secretary shall
make available in support of the office of Outreach and
Education--
``(i) $4,905,988 for fiscal year 2015;
``(ii) $5,031,988 for fiscal year 2016;
``(iii) $5,294,988 for fiscal year 2017;
and
``(iv) $5,294,988 for fiscal year 2018.
``(D) Federal share.--The Federal share of a
program or activity for which a grant or cooperative
agreement is made under this paragraph shall be at
least 85 percent of the cost of such program or
activity.
``(4) Motor carrier safety facility working capital fund.--
``(A) In general.--The Secretary may establish a
motor carrier safety facility working capital fund.
``(B) Purpose.--Amounts in the fund shall be
available for modernization, construction, leases and
expenses related to vacating, occupying, maintaining
and expanding motor carrier safety facilities.
``(C) Availability.--Amounts in the fund shall be
available without regard to fiscal year limitation.
``(D) Funding.--Amounts may be appropriated to the
fund from the amounts made available paragraph (1) of
this subsection.
``(E) Fund transfers.--The Agency may transfer
funds to the working capital fund from the amounts made
available in paragraph (1) of this subsection.
``(c) Contract Authority; Initial Date of Availability.--Amounts
authorized from the Highway Account of the Transportation Trust Fund by
this section shall be available for obligation on the date of their
apportionment or allocation or on October 1 of the fiscal year for
which they are authorized, whichever occurs first.
``(d) Funding Availability.--Amounts made available under this
section remain available until expended.''.
(c) Innovative Technology Deployment Grants.--Section 31109 is
amended to read as follows:
``Sec. 31109. Innovative technology deployment grants
``(a) In General.--
``(1) Program.--The Secretary shall administer an
innovative technology program funded under section 31104 of
this title.
``(2) Goal.--The goal of the program is to support and
maintain a commercial motor vehicle information systems and
networks program to--
``(A) link Federal motor carrier safety information
systems with State commercial motor vehicle systems;
``(B) improve the safety and productivity of
commercial motor vehicles and drivers; and
``(C) reduce costs associated with commercial motor
vehicle operations and Federal and State commercial
vehicle regulatory requirements.
``(b) Purpose.--The program shall advance the technological
capability and promote the deployment of intelligent transportation
system applications for commercial motor vehicle operations, including
commercial motor vehicle, commercial driver, and carrier-specific
information systems and networks.
``(c) Deployment Grants.--
``(1) In general.--The Secretary shall make grants to
eligible States for the deployment of commercial motor vehicle
information systems and networks.
``(2) Use of funds.--Funds from a grant under this section
may be used for deployment activities and activities to develop
new and innovative advanced technology solutions that support
commercial motor vehicle information systems and networks.
``(d) Eligibility.--To be eligible for a grant under this section,
a State--
``(1) shall have a commercial motor vehicle information
systems and networks program plan approved by the Secretary
that describes the various systems and networks at the State
level that need to be refined, revised, upgraded, or built to
accomplish deployment of commercial motor vehicle information
systems and networks capabilities;
``(2) shall certify to the Secretary that its commercial
motor vehicle information systems and networks deployment
activities, including hardware procurement, software and system
development, and infrastructure modifications--
``(A) are consistent with the national intelligent
transportation systems and commercial motor vehicle
information systems and networks architectures and
available standards; and
``(B) promote interoperability and efficiency to
the extent practicable; and
``(3) shall agree to execute interoperability tests
developed by the Federal Motor Carrier Safety Administration to
verify that its systems conform with the national intelligent
transportation systems architecture, applicable standards, and
protocols for commercial motor vehicle information systems and
networks.
``(e) Definitions.--In this section:
``(1) `Commercial motor vehicle information systems and
networks' means the information systems and communications
networks that provide the capability to--
``(A) improve the safety of commercial motor
vehicle operations;
``(B) increase the efficiency of regulatory
inspection processes to reduce administrative burdens
by advancing technology to facilitate inspections and
increase the effectiveness of enforcement efforts;
``(C) advance electronic processing of registration
information, driver licensing information, fuel tax
information, inspection and crash data, and other
safety information;
``(D) enhance the safe passage of commercial motor
vehicles across the United States and across
international borders; and
``(E) promote the communication of information
among the States and encourage multistate cooperation
and corridor development.
``(2) `Commercial motor vehicle operations'--
``(A) means motor carrier operations and commercial
motor vehicle regulatory activities associated with the
commercial motor vehicle movement of goods, including
property, hazardous materials, and passengers; and
``(B) with respect to the public sector, includes
the issuance of operating credentials, the
administration of commercial motor vehicle and fuel
taxes, and roadside safety and border crossing
inspection and regulatory compliance operations.
``(3) `Deployment' means, at a minimum, the implementation
of systems in a State necessary to provide the State with the
following capabilities:
``(A) A safety information exchange to--
``(i) electronically collect and transmit
commercial motor vehicle and driver inspection
data at a majority of inspection sites in the
State;
``(ii) connect to the safety and fitness
electronic records system for access to
interstate carrier and commercial motor vehicle
data, summaries of past safety performance, and
commercial motor vehicle credentials
information; and
``(iii) exchange carrier data and
commercial motor vehicle safety and credentials
information within the State and connect to
such system for access to interstate carrier,
commercial motor vehicle, and commercial driver
data.
``(B) Interstate credentials administration to--
``(i) perform end-to-end processing,
including carrier application, jurisdiction
application processing, and credential
issuance, of at least the international
registration plan and international fuel tax
agreement credentials and extend this
processing to other credentials, including
intrastate registration, vehicle titling,
oversize vehicle permits, overweight vehicle
permits, carrier registration, and hazardous
materials permits; and
``(ii) connect to such plan and agreement
clearinghouses.
``(C) Roadside electronic screening to
electronically screen commercial vehicles at a minimum
of one fixed or mobile inspection site in the State.''.
(d) Driver Training Grant Program.--Chapter 311 is amended by
inserting after section 31109 (as amended by subsection (c) of this
section) the following:
``Sec. 31110. Commercial motor vehicle operators grant program
``(a) In General.--The Secretary shall administer a Commercial
Motor Vehicle Operators Grant Program funded under section 31104 of
this title.
``(b) Purpose.--The purpose of the program is to train individuals
in the safe operation of commercial motor vehicles as defined under
section 31301 of this title.''.
(e) Section 31313 is amended to read as follows:
``Sec. 31313. Financial assistance program for commercial driver's
license program implementation
``(a) In General.--
``(1) Purpose.--The Secretary of Transportation may make a
grant to a State agency in a fiscal year--
``(A) to comply with the requirements of section
31311 of this title;
``(B) in the case of a State that is making a good
faith effort toward substantial compliance with the
requirements of section 31311 of this title, to improve
its implementation of its commercial driver's license
program, including expenses:
``(i) for computer hardware and software;
``(ii) for publications, testing,
personnel, training, and quality control;
``(iii) for commercial driver's license
program coordinators;
``(iv) to implement or maintain a system to
notify an employer of an operator of a
commercial motor vehicle of the suspension or
revocation of the operator's commercial
driver's license consistent with the standards
developed under section 32303(b) of the
Commercial Motor Vehicle Safety Enhancement Act
of 2012 (49 U.S.C. 31304 note).
``(2) Priority activities.--The Secretary may make a grant
or cooperative agreement in a fiscal year to a State agency,
local government, or any person for research, development or
testing, demonstration projects, public education, or other
special activities and projects relating to commercial driver's
licensing and motor vehicle safety that--
``(A) are of benefit to all jurisdictions of the
United States;
``(B) are designed to address national safety
concerns and circumstances;
``(C) are designed to address emerging issues
relating to commercial driver's license improvements;
or
``(D) support innovative ideas and solutions to
commercial driver's license program issues.
``(b) Prohibitions.--A recipient may not use financial assistance
funds awarded under this section to rent, lease, or buy land or
buildings.
``(c) Apportionment.--All amounts made available to carry out this
section for a fiscal year shall be apportioned according to criteria
prescribed by the Secretary of Transportation.''.
(f) Miscellaneous Repeals.--
(1) Subsection (b) of section 31106 is amended by striking
paragraph (4).
(2) Section 31107 is repealed.
(3) Subsection (g) of section 31144 is amended by striking
paragraph (4), as redesignated by section 5105 of this Act.
(g) Technical and Conforming Amendment.--
(1) The analysis for chapter 311 is amended by--
(A) striking the item relating to section 31102 and
inserting ``31102. Motor Carrier Safety Assistance
Program.'';
(B) striking the item relating to section 31103 and
inserting ``31103. High Priority Grant Program.'';
(C) striking the item relating to section 31107;
(D) striking the item relating to section 31109 and
inserting ``Innovative Technology Deployment Grants.'';
and
(E) by adding at the end of Subchapter I the
following: ``31110. Commercial Motor Vehicle Operators
Grant Program.''
(2) The subsection heading for section 31106(b) is amended
by striking ``program'' and inserting ``system management''.
(3) Section 31161 is amended by striking ``31104(i)'' and
inserting ``31104(b)''.
(4) The analysis for chapter 313 is amended by striking the
item relating to section 31313 and inserting the following:
``31313. Financial assistance program for commercial driver's
license program implementation.''.
Subtitle E--Miscellaneous
SEC. 5501. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
(a) Motor Carrier Safety Advisory Committee.--Subchapter III of
chapter 311 is amended by inserting after section 31152 (as added by
section 5204) the following:
``Sec. 31153. Motor carrier safety advisory committee
``(a) Establishment and Duties.--The Secretary shall maintain for
the Federal Motor Carrier Safety Administration a motor carrier safety
advisory committee. The committee shall--
``(1) provide advice and recommendations to the
Administrator of the Federal Motor Carrier Safety
Administration about needs, objectives, plans, approaches,
content, and accomplishments of the motor carrier safety
programs carried out by the Administration; and
``(2) provide advice and recommendations to the
Administrator on motor carrier safety regulations.
``(b) Members, Chairman, Pay, and Expenses.--
``(1) In general.--The committee shall be composed of not
more than 20 members appointed by the Administrator from among
individuals who are not employees of the Administration and who
are specially qualified to serve on the committee because of
their education, training, or experience. The members shall
consist of representatives of the motor carrier industry,
nonprofit employee labor organizations representing commercial
vehicle drivers, safety advocates, and safety enforcement
officials. Representatives of a single enumerated interest
group may not constitute a majority of the members of the
advisory committee. A person appointed under this section shall
not be considered an employee of the Federal Government by
reason of the appointment.
``(2) Chairman.--The Administrator shall designate the
chairman of the committee.
``(3) Pay.--A member of the committee shall serve without
pay; except that the Administrator may allow a member, when
attending meetings of the committee or a subcommittee of the
committee, expenses authorized under section 5703 of title 5,
relating to per diem, travel, and transportation expenses.
``(c) Support Staff, Information, and Services.--The Administrator
shall provide staff for the committee. On request of the committee, and
subject to the availability of funding, the Administrator shall provide
information, administrative services, and supplies that the
Administrator considers necessary for the committee to carry out its
duties and powers.''.
(b) Conforming Amendments.--
(1) The analysis for chapter 311 is amended by inserting
after the item relating to 31152 (as added by section 5204 of
this Act) the following:
``31153. Motor Carrier Safety Advisory Committee.''.
(2) Section 4144 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (49
U.S.C. 31100 note) is repealed.
SEC. 5502. UNIFIED CARRIER REGISTRATION PLAN.
Section 14504a is amended--
(1) in subsection (a)(5)(A)(ii)(II), by striking
``subsection (d)(4)(C)'' and inserting ``subsection
(d)(5)(C)'';
(2) in subsection (d)(1)(B), by striking ``appointed by the
Secretary as follows'' and inserting ``. In making appointments
of directors, the Secretary should seek to achieve the
following distribution'';
(3) in subsection (d)(1)(B)(iii), by striking ``Five'' and
inserting ``Six'' and inserting the following before the last
sentence: ``At least one of the appointees under this clause
shall be a representative of the passenger motorcoach
industry.'';
(4) in subsection (d)(1)(B), by striking clause (iv);
(5) in subsection (d)(1)(C), by striking ``Secretary'' and
inserting ``board of directors'';
(6) in subsection (d)(1)(D)--
(A) by striking clause (i) and redesignating
clauses (ii) through (iv) as clauses (i) through (iii),
respectively; and
(B) by amending clause (i), (as so redesignated) to
read as follows:
``(i) Terms.--All directors shall be
appointed for terms of 3 years.'';
(7) in subsection (d)(2)(C), by striking ``and'';
(8) in subsection (d)(2)(D), by striking the period and
inserting ``; and'' at the end;
(9) in subsection (d)(2), by inserting after subparagraph
(D) the following:
``(E) require the board to conduct an audit of the
UCR plan's use of administrative fees no less
frequently than once every two years.'';
(10) in subsection (d)(3)(A)--
(A) by striking ``Except for the representative of
the Department appointed under paragraph (1)(B)(iv),
no''; and
(B) by inserting ``No'' before ``director shall
receive'';
(11) in subsection (d)(4)(A), by striking ``of the board,''
and inserting ``of the board or'' and striking ``, or the
Secretary'';
(12) in subsection (d)(6), by inserting ``or the United
States Government'' after ``agency of a State'';
(13) by redesignating section 14504a(d)(7)(A) as section
14504a(d)(7) and amending paragraph (7) (as so redesignated) to
read as follows:
``(7) Setting fees.--The board shall set the initial annual
fees to be assessed carriers, leasing companies, brokers, and
freight forwarders under the unified carrier registration
agreement. In setting the level of fees to be assessed in any
agreement year, and in setting the fee level, the board shall
consider--
``(A) the administrative costs associated with the
unified carrier registration plan and the agreement;
``(B) whether the revenues generated in the
previous year and any surplus or shortage from that
year or prior years enable the participating States to
achieve the revenue levels set by the board; and
``(C) the provisions governing fees under
subsection (f)(1).'';
(14) by striking subsection (d)(7)(B);
(15) by amending subsection (d)(9) to read as follows:
``(9) Inapplicability.--Neither the Federal Advisory
Committee Act (5 U.S.C. App.) nor the Administrative Procedure
Act (5 U.S.C. 551 et seq.) shall apply to the unified carrier
registration plan, the board, or its committees.'';
(16) by redesignating subsections (d)(1) through (10) as
(d)(2) through (11), respectively;
(17) by inserting a new subsection (d)(1) before subsection
(d)(2) (as redesignated in paragraph) to read as follows:
``(1) Status.--The unified carrier registration plan--
``(A) is an interstate agreement established under
this section;
``(B) shall be operated as a not-for-profit
corporation; and
``(C) is not a department, agency or
instrumentality of the United States Government.'';
(18) in subsection (e), by striking subparagraph (5);
(19) in subsection (e)(2), by striking ``the Secretary
and'';
(20) in subsection (e)(3)--
(A) by striking ``Secretary'' the first place it
appears;
(B) by inserting ``chairperson of the board of
directors''; and
(C) by striking the last sentence;
(21) in subsection (e)(4), by striking ``Secretary'' and
inserting ``chairperson of the board of directors'';
(22) in subsection (f)(1)(E), by striking ``ask the
Secretary to'';
(23) by striking subsection (f)(1)(B) and redesignating
subsections (f)(1)(C) through (f)(1)(E) as subsections
(f)(1)(B) through (f)(1)(D), respectively;
(24) in subsection (h)(2)--
(A) by striking ``participating''; and
(B) by striking ``subsection (d)(2)(D)'' and
inserting ``subsection (d)(3)(D)'', as redesignated;
(25) by amending subsection (h)(3)(B) to read as follows:
``(B) To pay the administrative costs of the UCR
plan and the UCR agreement. Payments for administrative
costs may be made prior to making distributions under
subparagraph (A).'';
(26) in subsection (h)(4), by striking ``Secretary'' and
inserting ``board''; and
(27) by amending subsection (i) to read as follows:
``(i) Enforcement.--Nothing in this section--
``(1) prohibits a participating State from issuing
citations and imposing reasonable fines and penalties pursuant
to the applicable laws and regulations of the State on any
motor carrier, motor private carrier, freight forwarder,
broker, or leasing company for failure to--
``(A) submit information documents as required
under subsection (d)(3); or
``(B) pay the fees required under subsection (f);
or
``(2) authorizes a State to require a motor carrier, motor
private carrier, or freight forwarder to display as evidence of
compliance any form of identification in excess of those
permitted under section 14506 of this title on or in a
commercial motor vehicle.''.
SEC. 5503. SELF-INSURANCE FOR MOTOR CARRIERS REPEALED.
Section 13906(d) is amended by striking the second, third and last
sentences.
SEC. 5504. ELECTRONIC LOGGING DEVICE RECALL AUTHORITY.
Section 31137 is amended--
(1) by redesignating subsections (f) and (g) as subsections
(h) and (i), respectively; and
(2) by inserting before subsection (h), as redesignated,
the following:
``(f) Notice and Record Requirements.--The Secretary may require an
electronic logging device provider to--
``(1) provide the purchaser or lessee of an electronic
logging device, in a manner the Secretary considers
appropriate, any information or notice that the Secretary
considers necessary; and
``(2) maintain records of electronic logging device
purchasers and lessees in order to provide any information or
notice required under paragraph (1) of this subsection.
``(g) Noncompliant Devices.--
``(1) The Secretary shall notify an electronic logging
device provider after making a preliminary decision that an
electronic logging device does not comply with the standards
established through the regulations prescribed under subsection
(a) in effect at the time of certification.
``(2) The Secretary shall publish notice of each
preliminary decision in the Federal Register.
``(3) The Secretary may make a final decision that an
electronic logging device does not comply with the standards
only after--
``(A) giving the electronic logging device provider
an opportunity to--
``(i) correct the deficiency in order that
the electronic logging device complies with the
standards; or
``(ii) present information to show that the
electronic logging device complies with the
standards; and
``(B) giving any other interested person an
opportunity to present information as to the electronic
logging device's noncompliance.
``(4) If the Secretary makes a final decision that an
electronic logging device does not comply with the standards in
effect at the time of certification, the Secretary shall order
the electronic logging device provider to give notice under
subsection (f) of this section to each purchaser or lessee of
the electronic logging device that the electronic logging
device provider has been required to--
``(A) recall the electronic logging device; and
``(B) remedy the defect so that the purchaser or
lessee of the electronic logging device obtains a
compliant electronic logging device within a reasonable
time and in accordance with the terms prescribed by the
Secretary.''.
SEC. 5505. REPEAL OF MOTOR CARRIER FINANCIAL REPORTING REQUIREMENT.
Section 14123 and the item relating to that section in the analysis
for chapter 141 are repealed.
SEC. 5506. CONTRACTORS EXERCISING OPERATIONAL CONTROL OVER MOTOR
CARRIER OPERATIONS.
(a) Contractors Exercising Operational Control Over Motor Carrier
Operations.--Chapter 311 is amended by inserting after section 31139
the following:
``Sec. 31139a. Contractors exercising operational control over motor
carrier operations
``(a) In General.--The Secretary of Transportation may issue
regulations governing contractors that exercise control over motor
carrier operations.
``(b) Contents.--The regulations issued under this section shall
include, at a minimum--
``(1) a requirement that contractors register with the
Secretary under this chapter;
``(2) a requirement that contractors create and maintain
records applicable to regulatory provisions over which they
exercise control or which they conduct directly;
``(3) a program for the evaluation and audit of compliance
by contractors with applicable Federal motor carrier safety
regulations;
``(4) a civil penalty structure consistent with section
521(b) of this title, for contractors that fail to comply with
applicable Federal motor carrier safety regulations;
``(5) a prohibition on contractors from placing commercial
motor vehicles or drivers in service on the public highways to
the extent that such drivers or their equipment are found to
pose an imminent hazard;
``(6) a process by which motor carriers and agents of motor
carriers shall be able to request the Federal Motor Carrier
Safety Administration to undertake an investigation of a
contractor identified that is alleged to be not in compliance
with the regulations under this section; and
``(7) a procedure under which motor carriers, drivers, and
contractors may seek correction of their safety records through
the deletion from those records of violations of safety
regulations attributable to deficiencies in operation or driver
performance for which they should not have been held
responsible.
``(c) Inspections.--The Secretary or an employee of the Department
of Transportation designated by the Secretary or a contractor or an
employee of the recipient of a grant issued under section 31102 of this
title may inspect records for operations controlled by or drivers
provided by the contractor, upon demand and display of proper
credentials in person or in writing.
``(d) Out-of-Service.--Any contractor that is determined under this
section to fail to comply with applicable Federal safety regulations
may be placed out of service by the Secretary or a Federal, State, or
government official designated by the Secretary and may not exercise
operational control over a motor carrier's drivers and commercial motor
vehicles and may not provide drivers or commercial motor vehicles to a
motor carrier until the contractor takes actions necessary to come into
compliance.
``(e) Definition of Contractor.--For purposes of this section,
exclusive of the first use of term in subsection (c), the term
`contractor' means a person, other than a motor carrier, that does one
or more of the following:
``(1) Enters into a contract with a motor carrier under
which the motor carrier provides commercial motor vehicles and
drivers dedicated to transporting property or passengers for
the person over multiple trips where the person exercises
direct operational control, such as setting schedules, routes,
pick-up and delivery points, and dispatching drivers and
commercial motor vehicles.
``(2) Enters into a contract with a motor carrier to
provide drivers to the carrier and represents that it is
responsible for ensuring that the drivers meet the
qualifications required by this part and regulations
promulgated under this part.
``(3) Enters into a contract with a motor carrier to
provide commercial motor vehicles to the motor carrier (other
than for purchase or lease to purchase) and represents that it
is responsible under the contract for ensuring that the
vehicles meet the requirements of this part and regulations
promulgated under it.''.
(b) Conforming Amendment.--The analysis for chapter 311 is amended
by inserting after the item relating to section 31139 the following:
``31139a. Contractors exercising operational control over motor carrier
operations''.
SEC. 5507. DRIVER COMPENSATION.
(a) In General.--Chapter 311 is amended by inserting after section
31139a (as added by section 5506 of this Act) the following:
``Sec. 31140. Driver compensation
``(a) On-Duty, Not-Driving Time.--The Secretary of Transportation
may by regulation require that a motor carrier employer--
``(1) track the on-duty (not driving) time of an employee
whose base compensation is calculated in a manner other than an
hourly wage and who is required to keep a record of duty status
under the hours of service regulations prescribed by the
Secretary; and
``(2) separately compensate the employee for any on-duty,
not-driving period at an hourly rate not less than the Federal
minimum wage rate under section 6 of the Fair Labor Standards
Act (29 U.S.C. 206).
``(b) Scope.--This section does not apply to an employee whose
employment is governed by a collective bargaining agreement, negotiated
by employee representatives certified as bona fide by the National
Labor Relations Board, if the agreement governs compensation of the
employee for on-duty, not-driving time.
``(c) Other Law.--Nothing in this section or regulations adopted
under this section shall alter an employer's obligations under the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). Compensation of
employees under this section and regulations adopted under this section
shall be in addition to other compensation calculated for purposes of
determining compliance with the Fair Labor Standards Act.''.
(b) Conforming Amendment.--The analysis of chapter 311 is amended
by inserting after the item relating to section 31139a (as added by
section 5506 of this Act) the following:
``31140. Driver compensation''.
SEC. 5508. CIVIL ENFORCEMENT AUTHORITY.
Section 507 is amended--
(1) in subsection (b)--
(A) by inserting ``, subchapter III of chapter 311,
chapter 313, or chapter 315'' after the first ``this
chapter'';
(B) by striking the second ``this chapter'' and
inserting ``these provisions''; and
(C) by striking ``violating this chapter or a
regulation or order of the Secretary'' and inserting
``for a violation''; and
(2) in subsection (c)--
(A) by striking ``, at the request of the
Secretary, may'' and inserting "may, and at the request
of the Secretary, shall; and
(B) by striking ``(except sections 31138 and 31139)
or section 31502'' and inserting ``, chapter 313, and
chapter 315''.
SEC. 5509. CRIMINAL PENALTIES.
Section 521(b)(6)(A) is amended by--
(1) striking ``and willfully'';
(2) striking the second ``or'';
(3) inserting ``or order'' after ``regulation'';
(4) inserting ``, or an imminent hazard out-of-service
order issued under this section'' after ``those provisions'';
(5) striking ``to a fine not to exceed $25,000'' and
inserting ``to a fine as set forth in section 3571 of title
18'';
(6) striking ``, except that, if'' and inserting ``. If'';
and
(7) striking ``to a fine not to exceed $2,500'' and
inserting ``to a fine as set forth in section 3571 of title 18
or imprisonment for a term not to exceed one year, or both''.
SEC. 5510. PENALTIES FOR VIOLATIONS OF OUT-OF-SERVICE ORDERS.
Section 521(b)(2)(F) is amended by inserting the end the following:
``Each day of operation after the effective date of the out-of-service
order is a separate offense.''
SEC. 5511. TECHNICAL CORRECTIONS.
(a) Fleetwide Out-of-Service Order for Operating Without Required
Registration.--Section 13902(e)(1) is amended--
(1) by inserting ``motor vehicle or'' before ``motor
carrier providing''; and
(2) by inserting ``motor vehicle or'' before ``motor
carrier operations''.
(b) Settlement of General Civil Penalties.--Section 14901(h) is
amended by striking ``Household Goods'' in the subsection heading.
(c) Hours of Service Study and Electronic Logging Devices.--Section
30165(a)(1) is amended by striking ``30141 through 30147, or 31137''
and inserting ``or 30141 through 30147''.
(d) Medical Standards and Requirements.--Section 31149(c)(1)(E) is
amended by striking ``on a monthly basis''.
(e) National Clearinghouse for Controlled Substance and Alcohol
Test Results.--
(1) Section 521 is amended--
(A) by inserting ``, section 31306(b),'' before
``or section 31502'' in subparagraph (b)(2)(A);
(B) by amending the subparagraph headings for
subparagraphs (b)(2)(C) and (b)(6)(B), by inserting
after ``CDLS'', each place it appears, ``and alcohol
and controlled substance testing''; and
(C) by inserting in subparagraph (b)(2)(C) and
clause (b)(6)(B)(i), after ``31305(b),'' each place it
appears, ``31306, 31306a,''.
(2) Section 31306a(f) is amended by inserting ``and Service
Agent'' before ``Requirements.'' in the subsection heading.
(f) Exemptions From Requirements for Covered Farm Vehicles.--
Subsection 32934(c)(1)(B) of the Moving Ahead for Progress in the 21st
Century Act (Public Law 112-141) is amended by striking ``26,001
pounds'' in both places it occurs and inserting ``26,000 pounds''.
(g) Correcting Reference to FMCSA in Statute.--Section 30305(b)(1)
is amended by striking ``Federal Highway Administration'' and inserting
``Federal Motor Carrier Safety Administration''.
SEC. 5512. AUDITS AND COMPLIANCE INVESTIGATIONS OF MEXICO-DOMICILED
MOTOR CARRIERS.
Section 130 of division L of Public Law 113-76 is amended by
inserting after ``110-28'' the following: ``, except to the extent that
a term or condition in either section 350 or section 6901 requires that
safety examinations of Mexico-domiciled motor carriers be conducted on-
site; nothing in section 350 or section 6901 shall be construed as
limiting the ability of the Federal Motor Carrier Safety Administration
to conduct any compliance review, new entrant safety audit, or other
inspection or investigation of a Mexico-domiciled motor carrier at any
location prescribed by the Administrator of the Federal Motor Carrier
Safety Administration''.
SEC. 5513. ADMINISTRATIVE ADJUDICATION OF VIOLATIONS OF COMMERCIAL
REGULATIONS AND STATUTES.
Section 14702 is amended by adding at the end the following:
``(d) Administrative Adjudications.--In addition to civil actions
under subsection (a) of this section, the authority of the Secretary
includes authority to maintain by regulation procedures for the
administrative adjudication of violations of this part.''.
SEC. 5514. ACCESS TO NATIONAL DRIVER REGISTER.
Section 30305(b) is amended by inserting at the end the following:
``(13) The Administrator of the Federal Motor Carrier
Safety Administration may request the chief driver licensing
official of a State to provide information under subsection (a)
of this section about an individual in connection with a safety
investigation under the Administrator's jurisdiction.''.
SEC. 5515. ELIMINATION OF CERTAIN FMCSA REPORTING REQUIREMENTS.
(a) Motor Carrier Efficiency Study Annual Report.--Section 5503 of
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59) is amended by--
(1) by striking subsection (d); and
(2) redesignating subsection (e) as subsection (d).
(b) Safety Data Improvement Program Report.--Section 4128 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59) is amended by striking subsection
(d).
TITLE VI--HAZARDOUS MATERIAL TRANSPORTATION SAFETY
SEC. 6001. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
SEC. 6002. EMERGENCY OPERATIONAL CONTROLS.
(a) In General.--Chapter 51 is amended by inserting after section
5128 the following:
``Sec. 5129. Emergency operational controls
``(a) Ordering Operational Controls, Restrictions, and
Prohibitions.--
``(1) In general.--If, upon inspection, investigation,
testing, or research carried out under this chapter, the
Secretary determines that an unsafe condition or practice, or a
combination of unsafe conditions and practices, or an activity
existing within a regulated entity or industry, related to the
transportation of hazardous materials in commerce, causes an
emergency situation involving a hazard of death, personal
injury, or significant harm to property or the environment, the
Secretary immediately may order such operational controls,
restrictions, and prohibitions, without prior notice or an
opportunity for a hearing, as may be necessary to abate the
situation.
``(2) Written orders.--The order shall be in writing, and
describe--
``(A) the condition, practice, or activity that
causes the emergency situation;
``(B) the operational controls, restrictions, and
prohibitions issued or imposed; and
``(C) the standards and procedures for obtaining
relief from the order. This paragraph does not affect
the Secretary's discretion under this section to
maintain the order in effect for as long as the
emergency situation exists.
``(3) Emergency variance.--Notwithstanding section 5117(e)
of this title, such orders may provide for an emergency
variance from this chapter or a regulation prescribed
thereunder.
``(b) Review of Orders.--After issuing an order under this section,
the Secretary shall provide an opportunity for review of the order
under section 554 of title 5. If a petition for review is filed and the
review is not completed by the end of the 30-day period beginning on
the date the order was issued, the order stops being effective at the
end of that period unless the Secretary decides in writing that the
emergency situation still exists.''.
(b) Conforming Amendment.--The analysis for chapter 51 is amended
by inserting after the item relating to section 5128 the following:
``5129. Emergency operational controls''.
SEC. 6003. ENHANCED REGISTRATION REQUIREMENTS.
Section 5108 is amended by--
(1) inserting the following after subsection (a)(2)(B):
``(C) a person who performs, or is responsible for
performing, a function specified by regulation
prescribed under this chapter that is required to
assure the safe transportation of hazardous material,
in commerce, and is subject to the training
requirements of section 5107.'';
(2) in subsection (a)(3), inserting after ``material,'' the
following: ``or perform or be responsible for performing a
function specified by regulation prescribed under this chapter
that is required to assure the safe transportation of hazardous
material, in commerce, and is subject to the training
requirements of section 5107,'';
(3) in subparagraph (g)(2)(A), by striking ``and impose by
regulation''; and
(4) in subparagraphs (g)(2)(B) and (g)(2)(C), replacing
``(i)'' with ``(h)''.
SEC. 6004. USER FEES FOR SPECIAL PERMITS.
Section 5117 is amended by inserting the following at the end:
``(g) Fees.--
``(1) Authorization.--The Secretary is authorized to
collect a reasonable fee, to the extent and in such amounts as
provided in advance in appropriations acts, for the
administration of the special permits and approvals programs.
The fees shall be deposited into a Hazardous Materials
Approvals and Permits Fund, which shall remain available until
expended.
``(2) Establishment and use of fees.--There is established
a Hazardous Materials Approvals and Permits Fund in the
Department of the Treasury of the United States. Amounts
collected from fees under paragraph (1) shall be available for
administration of the special permits and approvals programs.
``(3) Fees credited as offsetting receipts.--
Notwithstanding section 3302 of title 31, any fee authorized to
be collected under this subsection shall be credited as
offsetting receipts, and remain available until expended.
``(4) Regulations.--The Secretary, after providing notice
and an opportunity for public comment, shall issue regulations
to implement this subsection.''.
SEC. 6005. NATIONAL EMERGENCY AND DISASTER RESPONSE.
(a) Purpose.--Section 5101 is amended by inserting ``and to
facilitate the safe movement of hazardous materials during national
emergencies'' after ``commerce''.
(b) Standards.--Section 5103 is amended by redesignating
subsections (c) and (d) as (d) and (e) and inserting new subsection (c)
to read as follows:
``(c) Federally Declared Disaster and Emergency Areas.--The
Secretary, in consultation with the Secretary of Homeland Security, may
prescribe standards to facilitate the movement of hazardous materials
into, from and within federally declared disaster and emergency
areas.''.
SEC. 6006. ENHANCED REPORTING.
Section 5121(h) is amended by--
(1) striking ``transmit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate''; and
(2) inserting ``make public'' after ``and''.
SEC. 6007. IMPROVING PUBLICATION OF SPECIAL PERMITS.
Section 5117 is amended--
(1) in subsection (b), by striking ``publish in the Federal
Register'' and inserting ``make public through'' after
``shall''; and
(2) in subsection (c), by striking ``publish'' and ``in the
Federal Register'' and inserting ``make public'' after
``shall''.
SEC. 6008. HAZARD ABATEMENT AUTHORITY.
(a) In General.--Chapter 51 is amended by inserting after section
5129 the following:
``Sec. 5130. Hazard abatement authority
``(a) Ordering Removal, Remediation, or Disposal.--If, upon
inspection, investigation, testing, or research, the Secretary
determines that an unsafe condition, practice, or activity, related to
the transportation of hazardous materials in commerce or other items
subject to this chapter, causes unreasonable risk of death, personal
injury, or significant harm to the property or the environment, the
Secretary may order removal, remediation, or disposal of such hazardous
materials or other items subject to this chapter, as may be necessary
to abate the unreasonable risk.
``(b) Written Orders.--The order shall be in writing, and
describe--
``(1) the condition, practice, or activity that causes the
unreasonable risk;
``(2) the actions that must be taken to abate the
unreasonable risk; and
``(3) the standards and procedures for obtaining relief
from the order.
``(c) Duration of Order.--Subsection (b) does not affect the
Secretary's discretion under this section to maintain the order in
effect for as long as the emergency situation exists.
``(d) Failure To Comply.--If the Secretary determines that a person
has failed to comply with an order for removal, remediation, or
disposal, the Secretary may take such action to arrange for the
removal, remediation, or disposal of such hazardous materials as
necessary to abate the unreasonable risk.
``(e) Liability for Noncompliance.--Upon a determination by the
Secretary that a person has failed to comply with an order for removal,
remediation, or disposal of a hazardous material, such person shall be
liable for all costs incurred by the United States Government in
removing, remediating, or disposing of such hazardous materials.''.
(b) Conforming Amendment.--The analysis for chapter 51 is amended
by inserting after the item relating to section 5129 the following:
``5130. Hazard abatement authority''.
SEC. 6009. INSPECTION OF NON-DOMESTIC ENTITIES.
Section 5121 is amended by inserting the following after subsection
(c)(3):
``(4) Inspection of non-domestic entities.--In instances
when a person seeks to manufacture, requalify, or inspect a DOT
specification packaging or special permit cylinders or certify
compliance with title 49 of the Code of Federal Regulations
outside the United States, that person must seek an approval
from the Secretary to perform that function outside the United
States. Upon the request of the Secretary, the applicant must
allow the Secretary or the Secretary's designee to inspect the
applicant's process and procedures. The applicant must bear the
cost of the initial and subsequent inspections.''.
SEC. 6010. IMPROVING THE EFFECTIVENESS OF THE HMEP GRANT PROGRAM.
(a) Planning and Training Grants.--Section 5116 is amended to read
as follows:
``Sec. 5116. Planning and training grants, monitoring, and review
``(a) Planning and Training Grants.--(1) The Secretary shall make
grants to States and Indian tribes--
``(A) to develop, improve, and carry out emergency plans
under the Emergency Planning and Community Right-To-Know Act of
1986 (42 U.S.C. 11001 et seq.), including ascertaining flow
patterns of hazardous material on lands under the jurisdiction
of a State or Indian tribe, and between lands under the
jurisdiction of a State or Indian tribe and lands of another
State or Indian tribe;
``(B) to decide on the need for a regional hazardous
material emergency response team; and
``(C) to train public sector employees to respond to
accidents and incidents involving hazardous material. To the
extent that a grant is used to train emergency responders, the
State or Indian tribe shall provide written certification to
the Secretary that the emergency responders who receive
training under the grant will have the ability to protect
nearby persons, property, and the environment from the effects
of accidents or incidents involving the transportation of
hazardous material in accordance with existing regulations or
National Fire Protection Association standards for competence
of responders to accidents and incidents involving hazardous
materials.
``(2) The Secretary may make a grant to a State or Indian tribe
under paragraph (1) of this subsection only if--
``(A) the State or Indian tribe certifies that the total
amount the State or Indian tribe expends (except amounts of the
United States Government) for the purpose of the grant will at
least equal the average level of expenditure for the last 5
years; and
``(B) any emergency response training provided under the
grant shall consist of:
``(i) a course developed or identified under
section 5115 of this title; or
``(ii) another course the Secretary decides is
consistent with the objectives of this section.
``(3) A State or Indian tribe receiving a grant under this
subsection shall ensure that planning and emergency response training
under the grant is coordinated with adjacent States and Indian tribes.
``(4) A training grant under this subsection may be used--
``(A) to pay--
``(i) the tuition costs of public sector employees
being trained;
``(ii) travel expenses of those employees to and
from the training facility;
``(iii) room and board of those employees when at
the training facility; and
``(iv) travel expenses of individuals providing the
training;
``(B) by the State, political subdivision, or Indian tribe
to provide the training; and
``(C) to make an agreement with a person (including an
authority of a State, a political subdivision of a State or
Indian tribe, or a local jurisdiction), subject to approval by
the Secretary, to provide the training--
``(i) if the agreement allows the Secretary and the
State or Indian tribe to conduct random examinations,
inspections, and audits of the training without prior
notice;
``(ii) the person agrees to have an auditable
accounting system; and
``(iii) if the State or Indian tribe conducts at
least one on-site observation of the training each
year.
``(5) The Secretary shall allocate amounts made available for
grants under this subsection among eligible States and Indian tribes
based on the needs of the States and Indian tribes for emergency
response training. In making a decision about those needs, the
Secretary shall consider--
``(A) the number of hazardous material facilities in the
State or on land under the jurisdiction of the Indian tribe;
``(B) the types and amounts of hazardous material
transported in the State or on such land;
``(C) whether the State or Indian tribe imposes and
collects a fee on transporting hazardous material;
``(D) whether such fee is used only to carry out a purpose
related to transporting hazardous material;
``(E) the past record of the State or Indian tribe in
effectively managing planning and training grants; and
``(F) other factors the Secretary decides are appropriate
to carry out this subsection.
``(b) Compliance With Certain Law.--The Secretary may make a grant
to a State under this section only if the State certifies that the
State complies with sections 301 and 303 of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C. 11001, 11003).
``(c) Applications.--A State or Indian tribe interested in
receiving a grant under this section shall submit an application to the
Secretary. The application must be submitted at the time, and contain
information, the Secretary requires by regulation to carry out the
objectives of this section.
``(d) Government's Share of Costs.--A grant under this section is
for 80 percent of the cost the State or Indian tribe incurs to carry
out the activity for which the grant is made. Amounts of the State or
tribe under subsections (a)(2)(A) and (b)(2)(A) of this section are not
part of the non-Government share under this subsection.
``(e) Monitoring and Technical Assistance.--In coordination with
the Secretaries of Transportation and Energy, the Administrator of the
Environmental Protection Agency, and the Director of the National
Institute of Environmental Health Sciences, the Administrator of the
Federal Emergency Management Agency shall monitor public sector
emergency response planning and training for an accident or incident
involving hazardous material. Considering the results of the
monitoring, the Secretaries, Administrator, and Directors each shall
provide technical assistance to a State, political subdivision of a
State, or Indian tribe for carrying out emergency response training and
planning for an accident or incident involving hazardous material and
shall coordinate the assistance using the existing coordinating
mechanisms of the National Response Team and, for radioactive material,
the Federal Radiological Preparedness Coordinating Committee.
``(f) Delegation of Authority.--To minimize administrative costs
and to coordinate Federal financial assistance for emergency response
training and planning, the Secretary may delegate to the Administrator
of the Federal Emergency Management Agency and Director of the National
Institute of Environmental Health Sciences, Chairman of the Nuclear
Regulatory Commission, Administrator of the Environmental Protection
Agency, and Secretaries of Labor and Energy any of the following:
``(1) Authority to receive applications for grants under
this section.
``(2) Authority to review applications for technical
compliance with this section.
``(3) Authority to review applications to recommend
approval or disapproval.
``(4) Any other ministerial duty associated with grants
under this section.
``(g) Minimizing Duplication of Effort and Expenses.--The
Secretaries of Transportation, Labor, and Energy, the Administrator of
the Federal Emergency Management Agency, the Director of the National
Institute of Environmental Health Sciences, the Chairman of the Nuclear
Regulatory Commission, and the Administrator of the Environmental
Protection Agency shall review periodically, with the head of each
department, agency, or instrumentality of the Government, all emergency
response and preparedness training programs of that department, agency,
or instrumentality to minimize duplication of effort and expense of the
department, agency, or instrumentality in carrying out the programs and
shall take necessary action to minimize duplication.
``(h) Annual Registration Fee Account and Its Uses.--The Secretary
of the Treasury shall establish an account in the Treasury (to be known
as the `Hazardous Materials Emergency Preparedness Fund') into which
the Secretary of the Treasury shall deposit amounts the Secretary of
Transportation transfers to the Secretary of the Treasury under section
5108(g)(2)(C) of this title. Without further appropriation, amounts in
the account are available--
``(1) to make grants under this section;
``(2) to monitor and provide technical assistance under
subsection (e) of this section;
``(3) to publish and distribute an emergency response
guide; and
``(4) to pay administrative costs of carrying out this
section and sections 5108(g)(2) and 5115 of this title, except
that up to 4 percent of the amounts made available from the
account in a fiscal year may be used to pay those costs.
``(i) Instructor Training Grants for Emergency Responders and
Hazardous Materials Employees.--
``(1) In general.--The Secretary shall make grants under
this subsection--
``(A) for training instructors to conduct hazardous
materials response training programs for individuals
with statutory responsibility to respond to hazardous
materials accidents and incidents;
``(B) for training instructors to train hazmat
employees; and
``(C) to the extent determined appropriate by the
Secretary, for such instructors to train hazmat
employees.
``(2) Eligibility for emergency responder training
grants.--A grant under (1)(A) of this subsection shall be made
through a competitive process to a nonprofit organization
that--
``(A) demonstrates expertise in conducting a
training program for hazmat emergency responders;
``(B) has the ability to reach and involve in a
training program a target population of hazmat
emergency responders;
``(C) agrees to use a course or courses developed
or identified under section 5115 of this title or
otherwise approved by the Secretary;
``(D) provides training courses that comply with
Federal regulations and national consensus standards
for hazardous materials response and are offered on a
nondiscriminatory basis; and
``(E) ensures that emergency responders who receive
training under the grant will have the ability to
protect nearby persons, property, and the environment
from the effects of accidents or incidents involving
the transportation of hazardous material in accordance
with existing regulations or National Fire Protection
Association standards for competence of responders to
accidents and incidents involving hazardous materials.
``(3) Eligibility for hazardous materials employee training
grants.--A grant under (1)(B) and (1)(C) of this subsection
shall be made on a competitive basis to a nonprofit
organization that demonstrates expertise in providing training,
research, technological development, or a similar service
intended to enhance the capabilities of hazardous materials
employees.
``(4) Training of certain employees.--The Secretary shall
ensure that maintenance-of-way employees and railroad signalmen
receive general awareness and familiarization training and
safety training pursuant to section 172.704 of title 49, Code
of Federal Regulations.
``(5) Existing effort.--No grant under this subsection
shall supplant or replace existing employer-provided hazardous
materials training efforts or obligations.
``(6) Use of funds.--Funds granted to an organization under
this subsection shall only be used--
``(A) to provide training, including portable
training, for instructors to conduct hazardous
materials and hazardous materials response training
programs;
``(B) to purchase training equipment used
exclusively to train instructors to conduct such
training programs; and
``(C) to disseminate such information and materials
as are necessary for the conduct of such training
programs.
``(7) Portable training.--In this subsection, the term
`portable training' means live, instructor-led training
provided by certified instructors that can be offered in any
suitable setting, rather than specific designated facilities.
Under this training delivery model, instructors travel to
locations convenient to students and utilize local facilities
and resources.
``(8) Terms and conditions.--The Secretary may impose such
additional terms and conditions on grants to be made under this
subsection as the Secretary determines are necessary to protect
the interests of the United States and to carry out the
objectives of this subsection.
``(j) Reports.--The Secretary shall make an annual report available
to the public (in an electronically-accessible format). The report
submitted under this subsection shall include information on the
allocation and uses of the planning and training grants allocated under
subsection (a), and grants under subsection (i) of this section. The
report submitted under this subsection shall identify the ultimate
recipients of such grants and include--
``(1) a detailed accounting and description of each grant
expenditure by each grant recipient, including the amount of,
and purpose for, each expenditure;
``(2) the number of persons trained under the grant
program, by training level;
``(3) an evaluation of the efficacy of such planning and
training programs; and
``(4) any recommendations the Secretary may have for
improving such grant programs.''.
(b) Conforming Amendment.--The analysis for chapter 51 is amended
by striking the item relating to section 5116 and inserting the
following:
``5116. Planning and training grants, monitoring, and review''.
(c) Training Requirements.--Section 5107 is amended by--
(1) striking ``and grants'' from the section heading;
(2) deleting subsections (e), (f), and (h); and
(3) redesignating subsection (g) as subsection (e).
(d) Conforming Amendment.--The analysis for chapter 51 is amended
by striking the item relating to section 5107 and inserting the
following:
``5107. HAZMAT employee training requirements.''.
SEC. 6011. CIVIL PENALTY.
Section 5123 is amended--
(1) in subsection (a)(1), by striking ``$75,000'' and
inserting ``$250,000''; and
(2) in subsection (a)(2), by striking ``$175,000'' and
inserting ``$500,000'';
SEC. 6012. GENERAL DUTY.
Section 5103, as amended by this Act, is amended by--
(1) redesignating subsections (d) and (e) as (e) and (f),
respectively; and
(2) inserting the following after subsection (c):
``(d) Duty for Safe Transportation.--A person shall--
``(1) take all reasonable measures and precautions to
properly classify, describe, package, mark and label, and
ensure proper condition for transportation of a hazardous
material; and
``(2) comply with this chapter, or a regulation prescribed,
or an order, special permit or approval issued under this
chapter.''.
SEC. 6013. AUTHORIZATION OF APPROPRIATIONS.
The text of section 5128 is amended to read as follows:
``(a) In General.--There are authorized to be appropriated to the
Secretary to carry out this chapter (except sections 5108(g)(2), 5113,
5115, 5116, and 5119 of this title), $52,000,000 for fiscal year 2015
and such sums as may be necessary for fiscal years 2016, 2017, and
2018.
``(b) Hazardous Materials Emergency Preparedness Fund.--From the
Hazardous Materials Emergency Preparedness Fund established under
section 5116(h) of this title, the Secretary may expend, for each of
fiscal years 2015 through 2018--
``(1) $188,000 to carry out section 5115;
``(2) $21,800,000 to carry out subsection (a) of section
5116;
``(3) $150,000 to carry out section 5116(e);
``(4) $625,000 to publish and distribute the Emergency
Response Guidebook under section 5116(h)(3); and
``(5) $5,000,000 to carry out section 5116(i).
``(c) Credits to Appropriations.--
``(1) Expenses.--In addition to amounts otherwise made
available to carry out this chapter, the Secretary may credit
amounts received from a State, Indian tribe, or other public
authority or private entity for expenses the Secretary incurs
in providing training to the State, authority, or entity.
``(2) Availability of amounts.--Amounts made available
under this section shall remain available until expended.''.
SEC. 6014. ELIMINATION OF CERTAIN PHMSA REPORTING REQUIREMENTS.
Section 6 of the Norman Y. Mineta Research and Special Programs
Improvement Act (49 U.S.C. 108 note) is amended--
(1) by striking subsection (b)(1); and
(2) by striking the heading for subsection (b) and
redesignating subsection (b)(2) as subsection (b).
TITLE VII--AMENDMENTS TO THE INTERNAL REVENUE CODE
SEC. 7001. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Internal Revenue Code of
1986.
SEC. 7002. EXTENSION OF HIGHWAY-RELATED TAXES.
(a) Extension of Taxes.--
(1) In general.--The following provisions are each amended
by striking ``2016'' each place it appears and inserting
``2020'':
(A) Section 4041(a)(1)(C)(iii)(I) (relating to rate
of tax on certain buses).
(B) Section 4041(m)(1) (relating to certain alcohol
fuels).
(C) Section 4051(c) (relating to termination of tax
on heavy trucks and trailers).
(D) Section 4071(d) (relating to termination of tax
on tires).
(E) Section 4081(d)(1) (relating to termination of
tax on gasoline, diesel fuel, and kerosene).
(F) Section 4081(d)(3) (relating to the Leaking
Underground Storage Tank Financing rate).
(2) Extension of tax, etc., on use of certain heavy
vehicles.--The following provisions are each amended by
striking ``2017'' each place it appears and inserting ``2020'':
(A) Section 4481(f) (relating to period tax in
effect).
(B) Section 4482(c)(4) (relating to taxable
period).
(C) Section 4482(d) (relating to special rule for
taxable period in which termination date occurs).
(3) Floor stocks refunds.--Section 6412(a)(1) (relating to
floor stocks refunds) is amended--
(A) by striking ``2016'' each place it appears and
inserting ``2020''; and
(B) by striking ``2017'' each place it appears and
inserting ``2021''.
(b) Extension of Certain Exemptions.--
(1) Certain tax-free sales.--Section 4221(a) (relating to
certain tax-free sales) is amended by striking ``2016'' and
inserting ``2020''.
(2) Termination of exemptions for highway use tax.--Section
4483(i) (relating to termination of exemptions for highway use
tax) is amended by striking ``2017'' and inserting ``2021''.
SEC. 7003. EXTENSION OF PROVISIONS RELATED TO THE SPORT FISH
RESTORATION AND BOATING TRUST FUND.
(a) Extension of Expenditures From the Trust Fund.--Subparagraphs
(A) through (C) of paragraph (2) of section 9504(b) of such Code are
amended to read as follows:
``(A) to carry out the purposes of the Dingell-
Johnson Sport Fish Restoration Act (as in effect on the
date of the enactment of the GROW AMERICA Act),
``(B) to carry out the purposes of section 7404(d)
of the Transportation Equity Act for the 21st Century
(as in effect on the date of the enactment of the GROW
AMERICA Act), and
``(C) to carry out the purposes of the Coastal
Wetlands Planning, Protection and Restoration Act (as
in effect on the date of the enactment of the GROW
AMERICA Act).''.
(b) Exception to Limitation on Transfers.--Paragraph (2) of section
9504(d) is amended by striking ``October 1, 2014,'' and inserting
``October 1, 2018,''.
SEC. 7004. TRANSPORTATION TRUST FUND.
(a) Creation of Transportation Trust Fund.--Section 9503 is amended
to read as follows:
``Sec. 9503. Transportation Trust Fund
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Transportation
Trust Fund', consisting of such amounts as may be appropriated or
credited to the Transportation Trust Fund as provided in this section
or section 9602(b). The Transportation Trust Fund is a successor to the
Highway Trust Fund established under this section as in effect prior to
the enactment of the Transportation Jobs Act for the 21st Century. All
references to the Mass Transit Account of the Highway Trust Fund are
deemed to be references to the Mass Transit Account of the
Transportation Trust Fund under subsection (e). All references to the
Highway Trust Fund (other than the Mass Transit Account) or to the
Highway Account of the Highway Trust Fund are deemed to be references
to the Highway Account of the Transportation Trust Fund under
subsection (f).
``(b) Appropriation to the Transportation Trust Fund of Amounts
Equivalent to Certain Taxes and Penalties.--
``(1) Certain taxes.--There are hereby appropriated to the
Transportation Trust Fund amounts equivalent to the taxes
received in the Treasury before October 1, 2020, under the
following provisions--
``(A) section 4041 (relating to taxes on diesel
fuels and special motor fuels),
``(B) section 4051 (relating to retail tax on heavy
trucks and trailers),
``(C) section 4071 (relating to tax on tires),
``(D) section 4081 (relating to tax on gasoline,
diesel fuel, and kerosene), and
``(E) section 4481 (relating to tax on use of
certain vehicles).
For purposes of this paragraph, taxes received under sections
4041 and 4081 shall be determined without reduction for credits
under section 6426.
``(2) Liabilities incurred before october 1, 2020.--There
are hereby appropriated to the Transportation Trust Fund
amounts equivalent to the taxes which are received in the
Treasury after September 30, 2020, and before July 1, 2021, and
which are attributable to liability for tax incurred before
October 1, 2020, under the provisions described in paragraph
(1).
``(3) Certain taxes not transferred to transportation trust
fund.--For purposes of paragraphs (1) and (2), there shall not
be taken into account the taxes imposed by--
``(A) section 4041(d),
``(B) section 4081 to the extent attributable to
the rate specified in section 4081(a)(2)(B),
``(C) section 4041 or 4081 to the extent
attributable to fuel used in a train, or
``(D) in the case of gasoline and special motor
fuels used as described in paragraph (3)(D) or (4)(B)
of subsection (c), section 4041 or 4081 with respect to
so much of the rate of tax as exceeds--
``(i) 11.5 cents per gallon with respect to
taxes imposed before October 1, 2001,
``(ii) 13 cents per gallon with respect to
taxes imposed after September 30, 2001, and
before October 1, 2003, and
``(iii) 13.5 cents per gallon with respect
to taxes imposed after September 30, 2003, and
before October 1, 2005.
``(4) Certain penalties.--There are hereby appropriated to
the Transportation Trust Fund amounts equivalent to the
penalties paid under sections 6715, 6715A, 6717, 6718, 6719,
6720A, 6725, 7232, and 7272 (but only with regard to penalties
under each such section related to failure to register under
section 4101).
``(c) Floor Stocks Refunds.--The Secretary shall pay from time to
time from the Transportation Trust Fund into the general fund of the
Treasury amounts equivalent to the floor stocks refunds made before
July 1, 2021, under section 6412(a). The amounts payable from the each
account in the Transportation Trust Fund under the preceding sentence
shall be determined by taking into account only the portion of the
taxes which are deposited into the Transportation Trust Fund and into
each account of such Fund.
``(d) Transfers From the Trust Fund for Taxes on Certain Uses of
Fuel.--
``(1) Motorboat fuel taxes.--
``(A) Transfer to land and water conservation
fund.--
``(i) In general.--The Secretary shall pay
from time to time from the Transportation Trust
Fund into the land and water conservation fund
provided for in title I of the Land and Water
Conservation Fund Act of 1965 amounts (as
determined by the Secretary) equivalent to the
motorboat fuel taxes received on or after
October 1, 2005, and before October 1, 2020.
``(ii) Limitation.--The aggregate amount
transferred under this subparagraph during any
fiscal year shall not exceed $1,000,000.
``(2) Excess funds transferred to sport fish restoration
and boating trust fund.--Any amounts in the Transportation
Trust Fund--
``(A) which are attributable to motorboat fuel
taxes, and
``(B) which are not transferred from the
Transportation Trust Fund under paragraph (1)(A),
shall be transferred by the Secretary from the Transportation
Trust Fund into the Sport Fish Restoration and Boating Trust
Fund.
``(3) Motorboat fuel taxes.--For purposes of this
paragraph, the term `motorboat fuel taxes' means the taxes
under section 4041(a)(2) with respect to special motor fuels
used as fuel in motorboats and under section 4081 with respect
to gasoline used as fuel in motorboats, but only to the extent
such taxes are deposited into the Transportation Trust Fund.
``(4) Determination.--The amount of transfers made under
this paragraph after October 1, 1986 shall be determined by the
Secretary in accordance with the methodology described in the
Treasury Department's Report to Congress of June 1986 entitled
`Gasoline Excise Tax Revenues Attributable to Fuel Used in
Recreational Motorboats'.
``(5) Transfers from the trust fund for small-engine fuel
taxes.--
``(A) In general.--The Secretary shall pay from
time to time from the Transportation Trust Fund into
the Sport Fish Restoration and Boating Trust Fund
amounts (as determined by him) equivalent to the small-
engine fuel taxes received on or after December 1,
1990, and before October 1, 2020.
``(B) Small-engine fuel taxes.--For purposes of
this paragraph, the term `small-engine fuel taxes'
means the taxes under section 4081 with respect to
gasoline used as a fuel in the nonbusiness use of
small-engine outdoor power equipment, but only to the
extent such taxes are deposited into the Transportation
Trust Fund and into each account of such Fund.
``(6) Transfers from the trust fund for certain aviation
fuel taxes.--The Secretary shall pay at least monthly from the
Transportation Trust Fund into the Airport and Airway Trust
Fund amounts (as determined by the Secretary) equivalent to the
taxes received on or after October 1, 2005, and before October
1, 2020, under section 4081 with respect to so much of the rate
of tax as does not exceed.
``(A) 4.3 cents per gallon of kerosene subject to
section 6427(l)(4)(A) with respect to which a payment
has been made by the Secretary under section 6427(l),
and
``(B) 21.8 cents per gallon of kerosene subject to
section 6427(l)(4)(B) with respect to which a payment
has been made by the Secretary under section 6427(l).
Transfers under the preceding sentence shall be made on the
basis of estimates by the Secretary, and proper adjustments
shall be made in the amounts subsequently transferred to the
extent prior estimates were in excess of or less than the
amounts required to be transferred. Any amount allowed as a
credit under section 34 by reason of paragraph (4) of section
6427(l) shall be treated for purposes of subparagraphs (A) and
(B) as a payment made by the Secretary under such paragraph.
``(e) Establishment of Mass Transit Account.--
``(1) Creation of account.--There is established in the
Transportation Trust Fund a separate account to be known as the
`Mass Transit Account' consisting of such amounts as may be
transferred or credited to the Mass Transit Account as provided
in this section or section 9602(b).
``(2) Transfers to mass transit account.--The Secretary of
the Treasury shall transfer to the Mass Transit Account--
``(A) the mass transit portion of the amounts
appropriated to the Transportation Trust Fund under
subsection (b) which are attributable to taxes under
sections 4041 and 4081 imposed after March 31, 1983.
For purposes of the preceding sentence, the term `mass
transit portion' means, for any fuel with respect to
which tax was imposed under section 4041 or 4081 and
otherwise deposited into the Transportation Trust Fund,
the amount determined at the rate of--
``(i) except as otherwise provided in this
sentence, 2.86 cents per gallon,
``(ii) 1.43 cents per gallon in the case of
any partially exempt methanol or ethanol fuel
(as defined in section 4041(m)) none of the
alcohol in which consists of ethanol,
``(iii) 1.86 cents per gallon in the case
of liquefied natural gas,
``(iv) 2.13 cents per gallon in the case of
liquefied petroleum gas,
``(v) 1.23 cents per energy equivalent of a
gallon of gasoline in the case of compressed
natural gas, and
``(B) additional amounts appropriated to the Mass
Transit Account by subsection (h)(1)(B).
``(3) Expenditures from account.--Amounts in the Mass
Transit Account shall be available, as provided by
appropriation Acts, for making capital or capital related
expenditures (including capital expenditures for new projects)
before October 1, 2018, in accordance with the GROW AMERICA Act
or any other provision of law which was referred to in this
paragraph before the date of the enactment of such Act (as such
Act and provisions of law are in effect on the date of the
enactment of such Act).
``(4) Limitation on transfers to the account.--
``(A) In general.--Except as provided in
subparagraph (B), no amount may be transferred to the
Mass Transit Account on and after the date of any
expenditure from the Mass Transit Account which is not
permitted by this subsection. The determination of
whether an expenditure is so permitted shall be made
without regard to--
``(i) any provision of law which is not
contained or referenced in this title or in a
revenue Act, and
``(ii) whether such provision of law is a
subsequently enacted provision or directly or
indirectly seeks to waive the application of
this paragraph.
``(B) Exception for prior obligations.--
Subparagraph (A) shall not apply to any expenditure to
liquidate any contract entered into (or for any amount
otherwise obligated) before October 1, 2018, in
accordance with the provisions of this section.
``(f) Establishment of Highway Account.--
``(1) Creation of account.--There is established in the
Transportation Trust Fund a separate account to be known as the
`Highway Account' consisting of such amounts as may be
transferred or credited to the Highway Account as provided in
this section or section 9602(b).
``(2) Transfers to the highway account.--The Secretary of
the Treasury shall transfer to the Highway Account--
``(A) the portion of the taxes appropriated to the
Transportation Trust Fund by--
``(i) subparagraphs (B), (C), and (E) of
subsection (b)(1), and
``(ii) subparagraphs (A) and (D) of
subsection (b)(1), but only to the extent that
such taxes are not required to be transferred
to the Mass Transit Account under subsection
(e),
``(B) additional amounts appropriated to the
Highway Account by subsection (h)(1)(A); and
``(C) fines and penalties appropriated to the
Transportation Trust Fund by subsection (b)(4) and by
section 521(b)(10) of title 49, United States Code.
``(3) Limitation on transfers to the account.--
``(A) In general.--Except as provided in
subparagraph (B), no amount may be transferred to the
Highway Account on and after the date of any
expenditure from the Highway Account which is not
permitted by this subsection. The determination of
whether an expenditure is so permitted shall be made
without regard to--
``(i) any provision of law which is not
contained or referenced in this title or in a
revenue Act, and
``(ii) whether such provision of law is a
subsequently enacted provision or directly or
indirectly seeks to waive the application of
this paragraph.
``(B) Exception for prior obligations.--
Subparagraph (A) shall not apply to any expenditure to
liquidate any contract entered into (or for any amount
otherwise obligated) before October 1, 2018, in
accordance with the provisions of this section.
``(4) Expenditures from account.--Amounts in the Highway
Account of the Transportation Trust Fund shall be available, as
provided by appropriation acts, for making expenditures before
October 1, 2018, to meet those obligations of the United States
heretofore or hereafter incurred which are authorized to be
paid out of the Highway Account under the GROW AMERICA Act or
any other provision of law which was referred to in paragraph
(c)(1) (as in effect on the day before enactment of such Act)
before the date of the enactment of such Act (as such Act and
provisions of law are in effect on the date of the enactment of
such Act).
``(g) Establishment of Rail Account.--
``(1) Creation of account.--There is established in the
Transportation Trust Fund a separate account to be known as the
`Rail Account' consisting of such amounts as may be transferred
or credited to the Rail Account as provided in this section or
section 9602(b).
``(2) Transfers to the rail account.--The Secretary of the
Treasury shall transfer to the Rail Account amounts
appropriated to the Rail Account by subsection (h)(1)(C).
``(3) Limitation on transfers to the account.--
``(A) In general.--Except as provided in
subparagraph (B), no amount may be transferred to the
Rail Account on and after the date of any expenditure
from the Rail Account which is not permitted by this
subsection. The determination of whether an expenditure
is so permitted shall be made without regard to--
``(i) any provision of law which is not
contained or referenced in this title or in a
revenue Act, and
``(ii) whether such provision of law is a
subsequently enacted provision or directly or
indirectly seeks to waive the application of
this paragraph.
``(B) Exception for prior obligations.--
Subparagraph (A) shall not apply to any expenditure to
liquidate any contract entered into (or for any amount
otherwise obligated) before October 1, 2018, in
accordance with the provisions of this section.
``(4) Expenditures from account.--Amounts in the Rail
Account of the Transportation Trust Fund shall be available, as
provided by appropriation acts, for making expenditures before
October 1, 2018, to meet those obligations of the United States
heretofore or hereafter incurred which are authorized to be
paid out of the Rail Account under the GROW AMERICA Act.
``(h) Additional Appropriations.--
``(1) Additional appropriations to trust fund.--Out of
money in the Treasury not otherwise appropriated, there is
hereby appropriated to--
``(A) the Highway Account in the Transportation
Trust Fund--
``(i) for fiscal year 2015,
$25,000,000,000,
``(ii) for fiscal year 2016,
$24,000,000,000,
``(iii) for fiscal year 2017,
$16,700,000,000, and
``(iv) for fiscal year 2018,
$8,700,000,000, and
``(B) the Mass Transit Account in the
Transportation Trust Fund--
``(i) for fiscal year 2015, $9,000,000,000,
``(ii) for fiscal year 2016,
$10,000,000,000,
``(iii) for fiscal year 2017,
$10,000,000,000, and
``(iv) for fiscal year 2018,
$22,550,000,000,
``(C) the Rail Account in the Transportation Trust
Fund--
``(i) for fiscal year 2015, $3,000,000,000,
``(ii) for fiscal year 2016,
$3,000,000,000,
``(iii) for fiscal year 2017,
$8,000,000,000, and
``(iv) for fiscal year 2018,
$5,050,000,000; and
``(D) the Multimodal Account in the Transportation
Trust Fund--
``(i) for fiscal year 2015, $500,000,000,
``(ii) for fiscal year 2016, $500,000,000,
``(iii) for fiscal year 2017,
$2,800,000,000, and
``(iv) for fiscal year 2018,
$1,200,000,000.
``(2) Treatment of appropriated amounts.--Any amount
appropriated under this subsection shall remain available
without fiscal year limitation.
``(i) Adjustments of Apportionments for Highway and Mass Transit
Account Programs.--The Secretary of the Treasury and where so
indicated, the Secretary of Transportation, shall take the following
actions for the Highway Account and separately for the Mass Transit
Account--
``(1) Estimates of unfunded authorizations and net receipts
for account.--The Secretary of the Treasury, not less
frequently than once in each calendar quarter, after
consultation with the Secretary of Transportation, shall
estimate for the Account--
``(A) the amount which would (but for this
subsection) be the unfunded authorizations at the close
of the next fiscal year, and
``(B) the net receipts for the 48-month period
beginning at the close of such fiscal year.
``(2) Procedure where there are excess unfunded
authorizations.--If the Secretary of the Treasury determines
for any fiscal year that the amount described in paragraph
(1)(A) for the Account exceeds the amount described in
paragraph (1)(B) for such Account--
``(A) the Secretary shall so advise the Secretary
of Transportation, and
``(B) the Secretary shall further advise the
Secretary of Transportation as to the amount of such
excess.
``(3) Adjustment of apportionments where unfunded
authorizations exceed 4 years' receipts.--
``(A) Determination of percentage.--If, before any
apportionment to the States is made of funds authorized
to be appropriated from the Account in the most recent
estimate made by the Secretary of the Treasury there is
an excess referred to in paragraph (2)(B) for the
Account, the Secretary of Transportation shall
determine the percentage which--
``(i) the excess referred to in paragraph
(2)(B) for the Account, is of
``(ii) the amount authorized to be
appropriated from that Account of the Trust
Fund for the fiscal year for apportionment to
the States.
If, but for this sentence, the most recent estimate
would be one which was made on a date which will be
more than 3 months before the date of the
apportionment, the Secretary of the Treasury shall make
a new estimate under paragraph (1) for the appropriate
fiscal year.
``(B) Adjustment of apportionments.--If the
Secretary of Transportation determines a percentage for
the Account under subparagraph (A) for purposes of any
apportionment, notwithstanding any other provision of
law, the Secretary of Transportation shall apportion to
the States (in lieu of the amount which, but for the
provisions of this subsection, would be so apportioned)
the amount obtained by reducing the amount authorized
to be so apportioned by such percentage.
``(4) Apportionment of amounts previously withheld from
apportionment.--If, after funds have been withheld from
apportionment under paragraph (3)(B), the Secretary of the
Treasury determines that the amount described in paragraph
(1)(A) does not exceed the amount described in paragraph (1)(B)
or that the excess described in paragraph (1)(B) is less than
the amount previously determined, he shall so advise the
Secretary of Transportation. The Secretary of Transportation
shall apportion to the States such portion of the funds so
withheld from apportionment as the Secretary of the Treasury
has advised him may be so apportioned without causing the
amount described in paragraph (1)(A) to exceed the amount
described in paragraph (1)(B). Any funds apportioned pursuant
to the preceding sentence shall remain available for the period
for which they would be available if such apportionment took
effect with the fiscal year in which they are apportioned
pursuant to the preceding sentence.
``(5) Definitions.--For purposes of this subsection--
``(A) Unfunded authorizations.--The term `unfunded
authorizations' means, at any time, the excess (if any)
of--
``(i) the total potential unpaid
commitments at such time as a result of the
apportionment to the States of the amounts
authorized to be appropriated from the Account,
over
``(ii) the amount available in the that
Account at such time to defray such commitments
(after all other unpaid commitments at such
time which are payable from that Account have
been defrayed).
``(B) Net receipts.--The term `net receipts' means,
with respect to any period, the excess of--
``(i) the receipts (including interest) of
the Account during such period, over
``(ii) the amounts to be transferred during
such period from such Account under subsection
(d).
``(6) Measurement of net receipts.--For purposes of making
any estimate under paragraph (1) of net receipts for periods
ending after the date specified in subsection (b)(1), the
Secretary of the Treasury shall treat--
``(A) each expiring provision of subsection (b)
which is related to appropriations or transfers to the
Highway Account or the Mass Transit Account of the
Transportation Trust Fund to have been extended through
the end of the 48-month period referred to in paragraph
(1)(B), and
``(B) with respect to each tax imposed under the
sections referred to in subsection (b)(1), the rate of
such tax during the 48-month period referred to in
paragraph (1)(B) to be the same as the rate of such tax
as in effect on the date of such estimate.
``(7) Reports.--Any estimate under paragraph (1) and any
determination under paragraph (2) shall be reported by the
Secretary of the Treasury to the Committee on Ways and Means of
the House of Representatives, the Committee on Finance of the
Senate, the Committees on the Budget of both Houses, the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation, the Committee on Banking, and the Committee on
Environment and Public Works of the Senate.
``(j) Establishment of Multimodal Account.--
``(1) Creation of account.--There is established in the
Transportation Trust Fund a separate account to be known as the
`Multimodal Account' consisting of such amounts as may be
transferred or credited to the Multimodal Account as provided
in this section or section 9602(b).
``(2) Transfers to the multimodal account.--The Secretary
of the Treasury shall transfer to the Multimodal Account
amounts appropriated to the Multimodal Account by subsection
(h)(1)(D).
``(3) Limitation on transfers to the account.--
``(A) In general.--Except as provided in
subparagraph (B), no amount may be transferred to the
Multimodal Account on and after the date of any
expenditure from the Multimodal Account which is not
permitted by this subsection. The determination of
whether an expenditure is so permitted shall be made
without regard to--
``(i) any provision of law which is not
contained or referenced in this title or in a
revenue Act, and
``(ii) whether such provision of law is a
subsequently enacted provision or directly or
indirectly seeks to waive the application of
this paragraph.
``(B) Exception for prior obligations.--
Subparagraph (A) shall not apply to any expenditure to
liquidate any contract entered into (or for any amount
otherwise obligated) before October 1, 2018, in
accordance with the provisions of this section.
``(4) Expenditures from account.--Amounts in the Multimodal
Account of the Transportation Trust Fund shall be available, as
provided by appropriation acts, for making expenditures before
October 1, 2018, to meet those obligations of the United States
heretofore or hereafter incurred which are authorized to be
paid out of the Multimodal Account under the GROW AMERICA
Act.''.
(b) Conforming Amendments.--
(1) The item relating to section 9503 in the analysis of
chapter 98 of the Internal Revenue Code of 1986 is amended by
striking ``Highway'' and inserting ``Transportation''.
(2) Section 201(b) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-11(b) is amended--
(A) by striking ``2017'' and inserting ``2020'',
and
(B) by striking ``2016'' each place it appears and
inserting ``2021''.
(3) Section 521(b)(10) of title 49, United States Code, is
amended by striking ``Highway Trust Fund (other than the Mass
Transit Account)'' and inserting ``Highway Account of the
Transportation Trust Fund''.
SEC. 7005. EFFECTIVE DATE.
The amendments made by this title shall take effect on the date of
the enactment of this Act.
TITLE VIII--RESEARCH
Subtitle A--Funding
SEC. 8001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Account of the Transportation Trust
Fund:
(1) Highway research and development program.--To carry out
section 503(b) of title 23, United States Code--
(A) $130,000,000 for fiscal year 2015;
(B) $132,594,234 for fiscal year 2016;
(C) $135,188,470 for fiscal year 2017; and
(D) $138,070,953 for fiscal year 2018.
(2) Technology and innovation deployment program.--To carry
out section 503(c) of title 23, United States Code--
(A) $70,000,000 for fiscal year 2015;
(B) $71,396,896 for fiscal year 2016;
(C) $72,793,792 for fiscal year 2017; and
(D) $74,345,898 for fiscal year 2018.
(3) Training and education.--To carry out section 504 of
title 23, United States Code--
(A) $27,000,000 for fiscal year 2015;
(B) $27,538,803 for fiscal year 2016;
(C) $28,077,605 for fiscal year 2017; and
(D) $28,676,275 for fiscal year 2018.
(4) Intelligent transportation systems program.--To carry
out sections 512 through 519 of title 23, United States Code--
(A) $113,000,000 for fiscal year 2015;
(B) $115,254,989 for fiscal year 2016;
(C) $117,509,978 for fiscal year 2017; and
(D) $120,015,521 for fiscal year 2018.
(5) University transportation centers program.--To carry
out section 5505 of title 49, United States Code--
(A) $82,000,000 for fiscal year 2015;
(B) $83,636,364 for fiscal year 2016;
(C) $85,272,727 for fiscal year 2017; and
(D) $87,090,909 for fiscal year 2018.
(6) Bureau of transportation statistics.--To carry out
chapter 63 of title 49, United States Code--
(A) $29,000,000 for fiscal year 2015;
(B) $29,578,714 for fiscal year 2016;
(C) $30,157,428 for fiscal year 2017; and
(D) $30,800,444 for fiscal year 2018.
(b) Applicability of Title 23, United States Code.--Funds
authorized to be appropriated by subsection (a) shall--
(1) be available for obligation in the same manner as if
those funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share of the cost
of a project or activity carried out using those funds shall be
80 percent, unless otherwise expressly provided by this Act
(including the amendments by this Act) or otherwise determined
by the Secretary; and
(2) remain available until expended and not be
transferable.
Subtitle B--Research, Technology, and Education
SEC. 8101. NATIONAL COOPERATIVE FREIGHT TRANSPORTATION RESEARCH
PROGRAM.
(a) In General.--Chapter 5 of title 23, United States Code, is
amended by inserting the following at the end:
``SEC. 550. NATIONAL COOPERATIVE FREIGHT TRANSPORTATION RESEARCH
PROGRAM.
``(a) Establishment.--The Secretary shall establish and support a
National Cooperative Freight Transportation Research Program.
``(b) Agreement.--The Secretary shall enter into an agreement with
the Transportation Research Board of the National Research Council of
the National Academies to support and carry out administrative and
management activities relating to the governance of the National
Cooperative Freight Transportation Research Program.
``(c) Advisory Committee.--The National Academies shall select an
advisory committee consisting of a representative cross section of
freight stakeholders, including the Department of Transportation, other
Federal agencies, State transportation departments, local governments,
nonprofit entities, academia, private sector carriers and shippers, and
other interested parties.
``(d) Governance.--The National Cooperative Freight Transportation
Research Program established under this section shall include the
following administrative and management elements:
``(1) National research agenda.--The advisory committee, in
consultation with interested parties, shall recommend a
national research agenda for the program. The agenda shall--
``(A) include an emphasis on the safe and efficient
transportation and handling of hazardous materials by
all modes of transportation;
``(B) include a multiyear strategic plan;
``(C) be fully coordinated with the activities,
plans, and reports required by sections 5304 and 5305
of title 49; and
``(D) be fully coordinated with the activities,
plans, and reports required by section 508 of title 23,
United States Code.
``(2) Involvement.--Interested parties may--
``(A) submit research proposals to the advisory
committee;
``(B) participate in merit reviews of research
proposals and peer reviews of research products; and
``(C) receive research results.
``(3) Open competition and peer review of research
proposals.--The National Academies may award research contracts
and grants under the program through open competition and merit
review conducted on a regular basis.
``(4) Research coordination.--The National Academies shall
ensure that research contracts and grants awarded under this
section are not duplicative with research conducted under other
cooperative transportation research programs governed by the
National Academies; nor with research conducted by the
Department of Transportation or any other Federal, State, or
local agency.
``(5) Evaluation of research.--
``(A) Peer review.--Research contracts and grants
under the program may allow peer review of the research
results.
``(B) Programmatic evaluations.--The National
Academies may conduct periodic programmatic evaluations
on a regular basis of research contracts and grants.
``(6) Dissemination of research findings.--The National
Academies shall disseminate research findings to researchers,
practitioners, and decisionmakers, through conferences and
seminars, field demonstrations, workshops, training programs,
presentations, testimony to government officials, the World
Wide Web, publications for the general public, collaboration
with the National Transportation Library, and other appropriate
means.
``(e) Contents.--The national research agenda required under
subsection (d)(1) shall at a minimum include research in the following
areas:
``(1) Techniques for estimating and quantifying public
benefits derived from freight transportation projects.
``(2) Alternative approaches to calculating the
contribution of truck and rail traffic to congestion on
specific highway segments.
``(3) The feasibility of consolidating origins and
destinations for freight movement.
``(4) Methods for incorporating estimates of domestic and
international trade into landside transportation planning.
``(5) Means of synchronizing infrastructure improvements
with freight transportation demand.
``(6) The effect of changing patterns of freight movement
on transportation planning decisions.
``(7) Other research areas to identify and address emerging
and future research needs related to freight transportation by
all modes.
``(f) Funding.--
``(1) Federal share.--The Federal share of the cost of an
activity carried out under this section shall be up to 100
percent.
``(2) Use of non-federal funds.--In addition to using funds
authorized for this section, the National Academies may seek
and accept additional funding sources from public and private
entities capable of accepting funding from the Department of
Transportation, States, local governments, nonprofit
foundations, and the private sector.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation such sums as may be
necessary to carry out section 550 of such title.
(c) Conforming Amendment.--The analysis for chapter 501 of title
23, United States Code, is amended by adding the following at the end:
``550. National cooperative freight transportation research program.''.
SEC. 8102. COMPETITIVE UNIVERSITY TRANSPORTATION CENTERS CONSORTIA
PROGRAM.
(a) In General.--Section 5505 of title 49, United States Code, is
amended as follows:
(1) Subsection (a)(2)(A) is amended to read:
``(A) to advance multimodal and cross-modal
transportation expertise and technology in the varied
disciplines that comprise the field of transportation
through education, research, and technology transfer
activities;''.
(2) Subsection (a)(2)(C) of title 49 is amended to read:
``(C) to address critical workforce needs and
educate the next generation of transportation leaders
in a multidisciplinary fashion.''.
(3) Subsection (b) is amended to read as follows:
``(b) Competitive Selection Process.--
``(1) Applications.--To receive a grant under this section,
a consortium of nonprofit institutions of higher education
shall submit to the Secretary an application that is in such
form and contains such information as the Secretary may
require.
``(2) Restriction.--The lead institution of a consortium of
nonprofit institutions of higher education that receives a
direct grant award under this section for a national
transportation center or a regional transportation center in a
fiscal year shall not be eligible to receive funding, direct or
indirectly, from an additional grant in that fiscal year as the
lead institution or member of a consortium, for a national
transportation center or a regional transportation center.
``(3) Coordination.--The Secretary shall solicit grant
applications for national transportation centers, regional
transportation centers, and Tier 1 university transportation
centers with identical advertisement schedules and deadlines.
``(4) General selection criteria.--
``(A) In general.--Except as otherwise provided by
this section, the Secretary shall award grants under
this section in nonexclusive candidate topic areas
established by the Secretary that address the research
priorities identified in the plans developed under
section 508 of title 23.
``(B) Criteria.--The Secretary, in consultation
with the Assistant Secretary for Research and
Technology and the Administrators of the Federal
Highway Administration and Federal Railroad
Administration, shall select each recipient of a grant
under this section through a competitive process based
on the assessment of the Secretary relating to--
``(i) the demonstrated ability of the
recipient to address each specific topic area
described in the research and strategic plans
of the recipient;
``(ii) the demonstrated research,
technology transfer, and education resources
available to the recipient to carry out this
section;
``(iii) the ability of the recipient to
provide leadership in solving immediate and
long-range national and regional transportation
problems;
``(iv) the ability of the recipient to
carry out research, education, and technology
transfer activities that are multimodal and
multidisciplinary in scope;
``(v) the demonstrated commitment of the
recipient to carry out transportation workforce
development programs through--
``(I) degree-granting programs or
programs that provide other industry-
recognized credentials; and
``(II) outreach activities to
attract new entrants into the
transportation field, including
minorities, women, individuals with
disabilities, veterans, low-income
populations, and others who may not
have considered pursuing careers in
transportation previously;
``(vi) the demonstrated ability of the
recipient to disseminate results and spur the
implementation of transportation research and
education programs through national or
statewide continuing education programs;
``(vii) the demonstrated commitment of the
recipient to the use of peer review principles
and other research best practices in the
selection, management, and dissemination of
research projects;
``(viii) the strategic plan submitted by
the recipient describing the proposed research
to be carried out by the recipient and the
performance metrics to be used in assessing the
performance of the recipient in meeting the
stated research, technology transfer,
education, and outreach goals; and
``(ix) the ability of the recipient to
implement the proposed program in a cost-
efficient manner, such as through cost sharing
and overall reduced overhead, facilities, and
administrative costs.
``(5) Transparency.--
``(A) In general.--The Secretary shall provide to
each applicant, upon request, any materials, including
copies of reviews (with any information that would
identify a reviewer redacted), used in the evaluation
process of the proposal of the applicant.
``(B) Reports.--The Secretary shall make available
to the public on a Department of Transportation Web
site a report describing the overall review process
under [paragraph (3)] that includes--
``(i) specific criteria of evaluation used
in the review;
``(ii) descriptions of the review process;
and
``(iii) explanations of the selected
awards.
``(6) Outside stakeholders.--The Secretary shall, to the
maximum extent practicable, consult external stakeholders such
as the Transportation Research Board of the National Research
Council of the National Academies to evaluate and competitively
review all proposals.''.
(4) Subsection (c) is amended to read as follows:
``(c) Grants.--
``(1) In general.--Not later than 1 year after the date of
enactment of the GROW AMERICA Act, the Secretary, in
consultation with the Assistant Secretary for Research and
Technology and the Administrators of the Federal Highway
Administration and Federal Railroad Administration, shall
select grant recipients under subsection (b) and make grant
amounts available to the selected recipients.
``(2) Focused research.--In awarding grants under this
paragraph, consideration shall be given to minority
institutions, as defined by section 365 of the Higher Education
Act of 1965 (20 U.S.C. 1067k), or consortia that include such
institutions that have demonstrated an ability in
transportation-related research and education.
``(3) National transportation centers.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall provide grants to 5 consortia that the
Secretary determines best meet the criteria described
in subsection (b)(4).
``(B) Restriction.--For each fiscal year, a grant
made available under this paragraph shall be $3,200,000
per recipient.
``(C) Matching requirement.--
``(i) In general.--As a condition of
receiving a grant under this paragraph, a grant
recipient shall match 100 percent of the
amounts made available under the grant.
``(ii) Sources.--The matching amounts
referred to in clause (i) may include--
``(I) amounts made available to the
recipient under title I of this Act;
``(II) amounts made available to
the recipient by the several
administrations of the Department of
Transportation; and
``(III) amounts made available to
the recipient by other Federal
departments, agencies, independent
agencies, boards, and other Federal
elements with interests in
transportation.
``(4) Regional university transportation centers.--
``(A) Location of regional centers.--One regional
university transportation center shall be located in
each of the 10 Federal regions that comprise the
Standard Federal Regions established by the Office of
Management and Budget in the document entitled
`Standard Federal Regions' and dated April 1974
(circular A-105).
``(B) Selection criteria.--In conducting a
competition under subsection (b), the Secretary shall
provide grants to 10 consortia on the basis of--
``(i) the criteria described in [subsection
(b)(3)];
``(ii) the location of the center within
the Federal region to be served; and
``(iii) whether the consortium of
institutions demonstrates that the consortium
has well-established, nationally recognized
multimodal and multidisciplinary programs in
transportation research and education, as
evidenced by--
``(I) recent expenditures by the
institution in surface transportation
research;
``(II) a historical track record of
awarding graduate degrees in
professional fields closely related to
surface transportation; and
``(III) an experienced faculty who
specialize in professional fields
closely related to surface
transportation.
``(C) Restrictions.--For each fiscal year, a grant
made available under this paragraph shall be $3,000,000
for each recipient.
``(D) Matching requirement.--
``(i) In general.--As a condition of
receiving a grant under this paragraph, a grant
recipient shall match 100 percent of the
amounts made available under the grant.
``(ii) Sources.--The matching amounts
referred to in clause (i) may include--
``(I) amounts made available to the
recipient under title I of this Act;
``(II) amounts made available to
the recipient by the several
administrations of the Department of
Transportation; and
``(III) amounts made available to
the recipient by other Federal
departments, agencies, independent
agencies, boards, and other elements
with interests in transportation.
``(5) Tier 1 university transportation centers.--
``(A) In general.--The Secretary shall provide
grants of $1,800,000 each to not more than 20
recipients to carry out this paragraph.
``(B) Restriction.--The lead institution of a
consortium of nonprofit institutions of higher
education that receives a direct grant award under
paragraph (3) or (4) shall not be eligible to receive a
direct grant award under this paragraph.
``(C) Matching requirement.--
``(i) In general.--Subject to [clause
(iii)], as a condition of receiving a grant
under this paragraph, a grant recipient shall
match 50 percent of the amounts made available
under the grant.
``(ii) Sources.--The matching amounts
referred to in clause (i) may include--
``(I) amounts made available to the
recipient under title I of this Act;
``(II) amounts made available to
the recipient by the several
administrations of the Department of
Transportation; and
``(III) amounts made available to
the recipient by other Federal
departments, agencies, independent
agencies, boards and other elements
with interests in transportation.''.
(b) Research Efficiency.--Section 5505 of title 49, United States
Code, is further amended by inserting after subsection (f) the
following:
``(g) Research Efficiency.--
``(1) Additional sponsored grants.--To enable access more
broadly to the specialized skills and multidisciplinary
research capabilities of the transportation university research
community by the several administrations of the Department of
Transportation, and by other Federal departments, agencies,
independent agencies, boards, and other elements with interests
in transportation, these organizations may sponsor competitive
grants to consortia on specific research topics.
``(2) Grants.--
``(A) The grants shall conform to the selection
criteria and requirements of either national
transportation centers or Tier 1 university
transportation centers; and be of an equivalent grant
value of the type of Center selected.
``(B) The grants shall conform to all other
requirements and restrictions under this section.
``(C) The grants shall be competed, selected, and
awarded on the same schedule as all grants competed
under this section.
``(3) Matching requirement.--Such grants shall require
identical matching requirements of the type of center selected;
except that sources of matching funds may not be the same
funding source as the Federal entity funding the specialized
grant.''.
SEC. 8103. PRIORITY MULTIMODAL RESEARCH PROGRAM.
(a) In General.--Section 5506 of title 49, United States Code, is
amended to read as follows:
``SEC. 5506. PRIORITY MULTIMODAL RESEARCH PROGRAM.
``(a) Establishment.--The Secretary shall establish and support a
Priority Multimodal Research Program.
``(b) Focused Research.--The Secretary shall enter into research
agreements to carry out priority multimodal research in the following
topics:
``(1) Conduct research and standards/guideline development
for surface transportation infrastructure owners and services
providers on systems resilience and recovery.
``(2) Enable advanced research towards a Zero Emissions
Transportation System, to--
``(A) accelerate the goal of 80 percent greenhouse
gas emission reduction by 2050, to a goal of 100
percent greenhouse gas emission reduction by the same
date; and
``(B) conduct advanced or long-term research on
emissions in the transportation sector, both in vehicle
emissions and in infrastructure construction and
maintenance.
``(3) Conduct a coordinated, multimodal STEM Education and
Workforce Development program to support the transportation
sector's needs over the next decade for a new workforce trained
in the latest technologies.
``(c) Funding.--
``(1) Federal share.--The Federal share of the cost of an
activity carried out under this section shall be up to 100
percent.
``(2) Use of non-federal funds.--In addition to using funds
authorized for this section, the Secretary may seek and accept
additional funding sources from public and private entities
capable of accepting funding from the Department of
Transportation, States, local governments, nonprofit
foundations, and the private sector.
``(3) Period of availability.--Amounts made available to
carry out this section shall remain available until
expended.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation such sums as may be
necessary to carry out section 5506 of title 49, United States Code.
(c) Conforming Amendment.--The analysis for chapter 55 of title 49,
United States Code, is amended by inserting the following at the end:
``5506. Priority Multimodal Research Program.''.
SEC. 8104. BUREAU OF TRANSPORTATION STATISTICS.
(a) Section 6302 Amendments.--Section 6302 of title 49, United
States Code, is amended as follows:
(1) Subsection 6302(b)(3)(B)(vi)(III) of title 49, United
States Code, is amended by striking ``section 6310'' and
inserting ``section 6309''.
(2) Clauses (vii), (viii), (ix), and (x) of subsection
6302(b)(3)(B) of title 49, United States Code, are redesignated
as clauses (viii), (ix), (x), and (xi), respectively.
(3) The following is inserted after subsection
6302(b)(3)(B)(vi):
``(vii) develop and improve transportation
economic accounts, to meet demand for methods
for estimating the economic value of
transportation infrastructure, investment, and
services;''.
(b) Intermodal Transportation Data Program.--Section 6303 of title
49, United States Code, is amended by adding after subsection (c) the
following:
``(d) Intermodal Transportation Data Collection.--To provide
content for the database described in this section, the Director shall
create and maintain datasets and data analysis tools. Activities may
include--
``(1) conducting national surveys of goods movement,
intercity passenger flows, household and business logistics,
the domestic transportation of international trade, and vehicle
inventory and use;
``(2) collecting household travel behavior data and
business logistics data crossing local jurisdictional
boundaries to accommodate external and through travel;
``(3) collecting and analyzing administrative records to
identify travel patterns, goods movement, and the economic
value of transportation infrastructure serving travel and
freight;
``(4) developing methods for establishing the economic
value of transportation capital stocks and services;
``(5) enhancing and deploying analysis tools to integrate
data collected under this section into the National Commodity
Origin Destination Accounts, National Passenger Travel Origin
Destination Accounts, and Transportation Economic Accounts of
the Intermodal Transportation Database; and
``(6) developing tools to enhance public access to the
Intermodal Transportation Database in conjunction with
development, application, and reporting of performance
measures.''.
(c) National Transportation Atlas Database.--Section 6311(5) of
title 49, United States Code, is amended by replacing ``section 6310''
with ``section 6309''.
(d) Intermodal Transportation Data Program.--Section 6303(c)(1) is
amended to read as follows:
``(1) information on the items referred to in subsection
6302(b)(3)(B)(vi).''.
(e) Mandatory Response Authority for Freight Data Collection.--
Section 6313(a) of title 49, United States Code, is amended by--
(1) striking paragraph (2);
(2) striking the designation and heading of paragraph (1);
(3) redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively; and
(4) striking ``described in paragraph (2)'' and inserting
``of any nature whatsoever''.
(f) National Transportation Library.--Section 6304 of title 49,
United States Code, is amended to read as follows:
``SEC. 6304. NATIONAL TRANSPORTATION LIBRARY.
``(a) Purpose and Establishment.--To support the information
management and decisionmaking needs of transportation officials at the
Federal, State, and local levels, there shall be in the Bureau a
National Transportation Library, which shall--
``(1) be headed by an individual who is highly qualified in
library and information science;
``(2) acquire, preserve, and manage transportation
information and information products and services for use by
the Department, other Federal agencies, and the general public;
``(3) provide reference and research assistance;
``(4) serve as a central depository for research results
and technical publications of the Department;
``(5) provide a central clearinghouse for transportation
data and information of the Federal Government;
``(6) plan for, coordinate, and evaluate information
sciences and library needs related to transportation research,
education, and training;
``(7) serve as coordinator and policy lead for
transportation information access;
``(8) provide transportation information and information
products and services to--
``(A) the Department;
``(B) other Federal agencies;
``(C) public and private organizations; and
``(D) individuals, within the United States and
internationally;
``(9) coordinate efforts among, and cooperate with,
transportation libraries, information providers, and technical
assistance centers, in conjunction with private industry and
other transportation library and information centers, with the
goal of developing a comprehensive transportation information
and knowledge network that supports the activities described in
section 6302(b)(3)(B)(vi); and
``(10) engage in other activities the Director determines
to be necessary and as the resources of the Library permit.
``(b) Access.--
``(1) In general.--The Director shall publicize,
facilitate, and promote access to the information products and
services described in subsection (a), to improve the ability of
the transportation community to share information and the
ability of the Director to make statistics and other
information readily accessible as required under section
6302(b)(3)(B)(x) of this title.
``(2) Availability of publications, materials, facilities,
or services; prescription of rules.--The Director shall--
``(A) make available publications or materials
according to library and information science best
practices;
``(B) make available its facilities for research;
and
``(C) make available its bibliographic, basic
reference, or other services to public and private
entities and individuals.
``(3) Rules.--Rules described in section 6304(b)(1) of this
title may provide for making available such publications,
materials, facilities, or services--
``(A) without charge as a public service;
``(B) upon a loan, exchange, or charge basis; or
``(C) in appropriate circumstances, under contract
arrangements made with [a/?] public or other nonprofit
entity.
``(c) Agreements.--
``(1) In general.--To carry out this section, the Director
may enter into agreements with, award grants to, and receive
amounts from, any--
``(A) State or local government;
``(B) organization;
``(C) business; or
``(D) individual.
``(2) Contracts, grants, and agreements.--The Library may
initiate and support specific information and data management,
access, and exchange activities in connection with matters
relating to the Department's strategic goals, knowledge
networking, and national and international cooperation, by
entering into contracts or other agreements or awarding grants
for the conduct of such activities.
``(3) Amounts.--Any amounts received by the Library as
payment for library products and services or other activities
shall be made available to the Director to carry out this
section, deposited in the Office of the Assistant Secretary for
Research and Technology's general fund account, and remain
available until expended.''.
(g) Port Performance Statistics Program.--Chapter 63 of title 49,
United States Code, is amended by adding after section 6313 the
following:
``SEC. 6314. PORT PERFORMANCE STATISTICS PROGRAM.
``(a) In General.--The Director may establish a Port Performance
Statistics Program to provide nationally consistent measures of
performance of the Nation's maritime ports.
``(b) Annual Reports.--The Director is authorized to require annual
reports from all ports that receive Federal assistance or are subject
to Federal regulation, including statistics on capacity, throughput,
and other measures of performance required for implementation of the
National Freight Policy required by section 167 of title 23.
``(c) Recommendations.--The Director shall obtain recommendations
for specifications for port performance measures from the United States
Army Corps of Engineers, the Maritime Administration, the Saint
Lawrence Seaway Development Corporation, the United States Coast Guard,
the Marine Transportation System National Advisory Council, and the
Department of Commerce Advisory Council on Supply Chain Competitiveness
to identify standard data elements for measuring port performance.''.
(h) Conforming Amendment.--The analysis for chapter 63 of title 49,
United States Code, is amended by inserting the following at the end:
``[Sec. ] 6314. Port Performance Statistics Program.''.
SEC. 8105. ITS GOALS AND PURPOSES.
(a) Technical Correction.--Section 514(a)(5) of title 23, United
States Code, is amended to read as follows:
``(5) improvement of the ability of the United States to
respond to security-related or other manmade emergencies and
natural disasters; and''.
(b) Freight Goals.--Section 514(a) of title 23, United States Code,
is amended by inserting the following at the end:
``(6) enhancement of the Nation's freight system and
support to freight policy goals by conducting heavy-duty
vehicle demonstration activities, and accelerating adoption of
ITS applications in freight operations.''.
SEC. 8106. ITS GENERAL AUTHORITIES AND REQUIREMENTS.
Section 515(h)(4) of title 23, United States Code, is amended--
(1) by striking ``February 1 of each year after the date of
enactment of the Transportation Research and Innovative
Technology Act of 2012'' and inserting ``May 1 each year''; and
(2) by striking ``submit to Congress'' and inserting ``make
available to the public on a Department of Transportation Web
site''.
SEC. 8107. ITS NATIONAL ARCHITECTURE AND STANDARDS.
(a) In General.--Section 517(a)(3) of title 23, United States Code,
is amended to read as follows:
``(3) Use of standards development organizations.--In
carrying out this section, the Secretary shall support the
development and maintenance of standards and protocols using
the services of such standards development organizations as the
Secretary determines to be necessary and whose memberships
represent, but are not limited to, the surface transportation
and intelligent transportation systems industries.''.
(b) Technical Correction.--Section 517(b) of title 23, United
States Code, is amended to read as follows:
``(b) Standards for National Policy Implementation.--If the
Secretary finds that a standard is necessary for implementation of a
nationwide policy or other capability requiring nationwide uniformity,
the Secretary, after consultation with stakeholders and in accordance
with the requirements of section 553 of title 5, may establish and
require the use of that standard.''.
SEC. 8108. VEHICLE-TO-VEHICLE AND VEHICLE-TO-INFRASTRUCTURE
COMMUNICATIONS SYSTEMS DEPLOYMENT.
Section 518(a) of title 23, United States Code, is amended by
striking all of the text that follows the heading and precedes ``that--
'' and inserting the following:
``Not later than July 6, 2015, the Secretary shall make available
to the public on a Department of Transportation Web site a report''.
SEC. 8109. INFRASTRUCTURE DEVELOPMENT.
(a) In General.--Chapter 5 of title 23, United States Code, is
amended by adding after section 518 the following:
``SEC. 519. INFRASTRUCTURE DEVELOPMENT.
``Funds made available to carry out this subtitle for operational
tests--
``(1) shall be used primarily for the development of
intelligent transportation system infrastructure, equipment,
and systems; and
``(2) to the maximum extent practicable, shall not be used
for the construction of physical surface transportation
infrastructure unless the construction is incidental and
critically necessary to the implementation of an intelligent
transportation system project.''.
(b) Conforming Amendment.--The analysis for chapter 5 of title 23,
United States Code, is amended by adding after section 518 the
following:
``519. Infrastructure development.''.
SEC. 8110. DEPARTMENTAL RESEARCH PROGRAMS; CONFORMING AMENDMENTS.
(a) Title 49 Amendments.--Title 49, United States Code, is amended
as follows:
(1) Section 102(e) is amended--
(A) in paragraph (1), by striking ``5'' and
inserting ``6''; and
(B) in paragraph (2), by inserting ``an Assistant
Secretary for Research and Technology,'' before ``and
an Assistant Secretary''.
(2) Chapter 1 is amended by striking section 112, and the
analysis of chapter 1 is amended by striking the item relating
to the ``Research and Innovative Technology Administration''.
(3) Section 330 is amended--
(A) by striking ``contracts'' in the section
heading and inserting ``activities''; and
(B) by inserting at the end the following:
``(d) Duties.--The Secretary shall provide for the following:
``(1) Coordination, facilitation, and review of the
Department's research and development programs and activities.
``(2) Advancement, and research and development, of
innovative technologies, including intelligent transportation
systems.
``(3) Comprehensive transportation statistics research,
analysis, and reporting.
``(4) Education and training in transportation and
transportation-related fields.
``(5) Activities of the Volpe National Transportation
Systems Center.
``(e) Additional Authorities.--The Secretary may--
``(1) enter into grants and cooperative agreements with
Federal agencies, State and local government agencies, other
public entities, private organizations, and other persons to
conduct research into transportation service and infrastructure
assurance; and to carry out other research activities of the
Department;
``(2) carry out, on a cost-shared basis, collaborative
research and development to encourage innovative solutions to
multimodal transportation problems and stimulate the deployment
of new technology with--
``(A) non-Federal entities, including State and
local governments, foreign governments, institutions of
higher education, corporations, institutions,
partnerships, sole proprietorships, and trade
associations that are incorporated or established under
the laws of any State;
``(B) Federal laboratories; and
``(C) other Federal agencies; and
``(3) directly initiate contracts, grants, cooperative
research and development agreements (as defined in section 12
of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a)), and other agreements to fund, and accept funds
from, the Transportation Research Board of the National
Research Council of the National Academy of Sciences, State
departments of transportation, cities, counties, institutions
of higher education, associations, and the agents of those
entities to carry out joint transportation research and
technology efforts.
``(f) Federal Share.--
``(1) In general.--Subject to paragraph (2), the Federal
share of the cost of an activity carried out under subsection
(e)(3) shall not exceed 50 percent.
``(2) Exception.--If the Secretary determines that the
activity is of substantial public interest or benefit, the
Secretary may approve a greater Federal share.
``(3) Non-federal share.--All costs directly incurred by
the non-Federal partners, including personnel, travel,
facility, and hardware development costs, shall be credited
toward the non-Federal share of the cost of an activity
described in paragraph (1).
``(g) Program Evaluation and Oversight.--For fiscal years 2013
through 2018, the Secretary is authorized to expend not more than 1 and
a half percent of the amounts authorized to be appropriated for
necessary expenses for administration and operations of the Office of
the Assistant Secretary for Research and Technology for the
coordination, evaluation, and oversight of the programs administered by
the Office.
``(h) Use of Technology.--The research, development, or use of a
technology under a contract, grant, cooperative research and
development agreement, or other agreement entered into under this
subsection, including the terms under which the technology may be
licensed and the resulting royalties may be distributed, shall be
subject to the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3701 et seq.).
``(i) Waiver of Advertising Requirements.--Section 6101 of title 41
shall not apply to a contract, grant, or other agreement entered into
under this section.''.
(4) The item relating to section 330 in the analysis of
chapter 3 is amended by striking ``Contracts'' and inserting
``Activities''.
(5) Section 6302(a) is amended to read as follows:
``(a) In General.--There shall be within the Department the Bureau
of Transportation Statistics.''.
(b) Title 5 Amendments.--Title 5, United States Code, is amended as
follows:
(1) Section 5313 is amended by deleting ``The Under
Secretary of Transportation for Security.''.
(2) Section 5314 is amended by deleting ``Administrator,
Research and Innovative Technology Administration.''.
(3) Section 5315 is amended by striking ``(4)'' in the
undesignated item relating to Assistant Secretaries of
Transportation and inserting ``(5)''.
(4) Section 5316 is amended by deleting ``Associate Deputy
Secretary, Department of Transportation.''.
(c) Conforming Amendment.--The analysis for chapter 3 of title 49,
United States Code, is amended by revising the entry relating to
section 330 to read as follows:
``330. Research activities.''.
SEC. 8111. OFFICE OF INTERMODALISM.
(a) In General.--Section 5503 of title 49, United States Code, is
repealed.
(b) Conforming Amendment.--The analysis for chapter 55 of title 49,
United States Code, is amended by striking the item relating to section
5503.
SEC. 8112. COOPERATION WITH FEDERAL AND STATE AGENCIES AND FOREIGN
COUNTRIES.
(a) Authorized Activities.--
(1) Section 308 amendment.--Section 308(a) of title 23,
United States Code, is amended by inserting ``cooperating
international entities,'' after ``countries''.
(2) Section 502 amendment.--Section 502(b)(3)(C) of title
23, United States Code, is amended by inserting ``international
entities,'' after ``country,''.
(b) Use of Funds.--Section 502(b)(5)(B) is amended to read as
follows:
``(B) Use of funds.--The Secretary shall use funds
made available to carry out this chapter to--
``(i) develop, administer, communicate, and
promote the use of products of research,
development, and technology transfer programs
under this chapter;
``(ii) promote United States highway
transportation expertise, goods, and services
in foreign countries; or
``(iii) conduct studies to assess the need
for or feasibility of highway transportation
improvements in foreign countries.''.
TITLE IX--RAIL SAFETY, RELIABILITY, AND EFFICIENCY
SEC. 9001. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE.
(a) Short Title.--This title may be cited as the ``Rail for America
Act''.
(b) Amendment of Title 49.--Except as otherwise expressly provided,
whenever in this title an amendment or repeal is expressed in terms of
an amendment to, or a repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of title 49, United States Code.
Subtitle A--National High-Performance Rail System
SEC. 9101. PURPOSE AND OBJECTIVES.
(a) Purpose.--The purpose of this subtitle is to promote and
facilitate the development of the National High-Performance Rail
System, a comprehensive national network of integrated passenger and
freight rail services, and to authorize funds for the planning,
development, construction, and implementation of rail corridors and
related infrastructure improvements.
(b) Objectives.--
(1) Safety.--The National High-Performance Rail System
shall contribute to reducing fatalities, injuries, and
incidents on the nation's transportation system.
(2) Mobility.--The National High-Performance Rail System
shall increase the efficient and reliable movement of both
goods and people through targeted market-based investments and
policies.
(3) Environmental sustainability.--The National High-
Performance Rail System shall strive to advance environmentally
sustainable policies and projects that reduce emissions of
criteria air pollutants, air toxins, and greenhouse gases from
transportation sources while protecting communities and natural
resources.
(4) Energy efficiency.--The National High-Performance Rail
System shall enhance energy efficient transportation options
and expand use of renewable and clean energy sources.
(5) Quality of life.--The National High-Performance Rail
System shall promote quality of life and communities, including
enhanced safety in areas adjacent to transportation facilities
and safety at highway-rail grade crossing and efficient land-
use development, and protecting public health.
(6) Infrastructure condition.--The National High-
Performance Rail System shall ensure that the current passenger
rail network achieves and maintains a state of good repair and
is resilient and reliable in the face of extreme events and
changing climatic conditions.
(7) Optimization of freight rail network.--The National
High-Performance Rail System shall ensure that America's world-
class freight rail system is preserved and improved while
balancing and protecting both private and public interests,
strengthening the ability of rural communities to access
national and international trade markets, and supporting
regional economic development.
SEC. 9102. GRANT PROGRAMS.
(a) In General.--Part C of subtitle V is amended by inserting the
following after chapter 244:
``CHAPTER 246--NATIONAL HIGH-PERFORMANCE RAIL SYSTEM
``Sec.
``24601. Definitions.
``24602. Authorization of appropriations.
``24603. National high-performance passenger rail system.
``24604. Current passenger rail service program.
``24605. Rail service improvement program.
``24606. Oversight.
``24607. Financial assistance conditions.
``Sec. 24601. Definitions
``In this chapter:
``(1) Three types of passenger rail corridors are defined
as follows:
``(A) Core express corridor.--The term `Core
Express Corridor' means a passenger rail corridor with
trains operating primarily on dedicated passenger track
at peak speeds of 125 to 250 miles per hour or greater,
and that primarily connects major metropolitan centers
in the United States that are generally up to 500 miles
apart.
``(B) Regional corridor.--The term `Regional
Corridor' means a passenger rail corridor with trains
operating on either dedicated and shared use track at
peak speeds of 90 to 124 miles per hour, and that
primarily connects mid-size urban areas to larger and
smaller communities that are generally up to 500 miles
apart.
``(C) Feeder corridor.--The term `Feeder Corridor'
means a State- or regionally-designated passenger rail
corridor with trains operating on shared use track at
peak speeds of up to 90 miles per hour and that
connects large, mid-sized, and small urban areas
generally less than 750 miles apart.
``(2) Capital project.--The term `capital project' means a
project or program for use in or for the primary benefit of
intercity passenger rail service or freight rail service,
including--
``(A) acquiring, constructing, improving, or
inspecting equipment, track and track structures, or a
facility;
``(B) expenses incidental to the activities
described in subsection 24601(2)(A) (including
designing, engineering, location surveying, mapping,
environmental studies, utility relocation or
improvement, acquiring rights-of-way, and joint
development activities as defined in subsection
5302(3)(G)), and the maintenance of operations during
construction;
``(C) preserving and acquiring rights-of-way;
``(D) payments for the capital portions of rail
trackage rights agreements;
``(E) highway-rail grade crossing improvements;
``(F) mitigating environmental impacts;
``(G) communication and signalization improvements;
``(H) relocation assistance, including acquiring
replacement housing sites, and acquiring, constructing,
relocating, and rehabilitating replacement housing;
``(I) interest and other financing costs to
efficiently carry out a part of the project within a
reasonable time; and
``(J) evaluation and assessment of project
implementation and outcomes.
``(3) High-performance rail.--The term `high-performance
rail' means a passenger and freight rail network that is
designed to meet the current and future market demands for
transportation of people and goods, in terms of capacity,
travel times, reliability, and efficiency.
``(4) Intercity passenger rail service.--The term
`intercity passenger rail service' has the same meaning as
`intercity rail passenger transportation', as defined in
section 24102 of this title.
``(5) Interstate compact.--The term `interstate compact'
means two or more States that have entered into compacts,
agreements, or organizations, not in conflict with any law of
the United States, for cooperative efforts and mutual
assistance in support of activities authorized under this
chapter.
``(6) Long-distance route.--The term `long-distance route'
has the same meaning as under section 24102(5)(C) of this
title.
``(7) Northeast corridor.--The term `Northeast Corridor'
has the same meaning as under section 24102(5)(A) of this
title.
``(8) Rail hub plan.--The term `rail hub plan' means a plan
that addresses the needs and opportunities for the dense,
complex networks of shared or interconnected freight, intercity
passenger, and commuter rail lines that tend to be found in and
around major urban areas.
``(9) State.--The term `State' means a State of the United
States or the District of Columbia.
``(10) State corridor.--The term `State corridor' has the
same meaning as under section 24102(5)(D) of this title.
``(11) State of good repair.--The term `state of good
repair' means a condition in which the existing physical
assets, both individually and as a system, are functioning as
designed within their useful lives and are sustained through
regular maintenance and replacement programs.
``Sec. 24602. Authorization of appropriations
``(a) Current Passenger Rail Services Program.--There are
authorized to be appropriated from the Rail Account of the
Transportation Trust Fund to carry out section 24604 of this title--
``(1) $2,450,000,000 for fiscal year 2015;
``(2) $2,400,000,000 for fiscal year 2016;
``(3) $2,350,000,000 for fiscal year 2017; and
``(4) $2,300,000,000 for fiscal year 2018.
``(b) Rail Service Improvement Program.--There are authorized to be
appropriated from the Rail Account of the Transportation Trust Fund to
carry out section 24605 of this title--
``(1) $2,325,000,000 for fiscal year 2015;
``(2) $2,405,000,000 for fiscal year 2016;
``(3) $2,370,000,000 for fiscal year 2017; and
``(4) $2,450,000,000 for fiscal year 2018.
``(c) Availability of Contract Authority.--
``(1) Period of availability.--The amounts made available
under this section shall remain available for obligation until
expended.
``(2) Contract authority.--Authorizations from the
Transportation Trust Fund made by this section shall be
available for obligation on October 1 of the fiscal year for
which they are authorized.
``Sec. 24603. National high-performance passenger rail system
``(a) In General.--The Secretary of Transportation shall facilitate
the establishment of a national high-performance rail system in
accordance with this chapter.
``(b) Contents.--The national high-performance rail system includes
the following:
``(1) Current passenger rail service program.
``(2) Rail service improvement program.
``(3) Railroad rehabilitation and improvement financing
program.
``(c) Rulemaking Authority.--The Secretary shall prescribe the
regulations necessary to implement this chapter.
``Sec. 24604. Current passenger rail service program
``(a) In General.--The Secretary of Transportation shall establish
a Current Passenger Rail Service Program under this section. The
program shall ensure that existing passenger rail assets and services
are maintained in reliable working condition. The Current Passenger
Rail Service Program consists of programs for the following:
``(1) Northeast Corridor.
``(2) State Corridors.
``(3) Long-Distance Routes.
``(4) National Assets, Legacy Debt, and Amtrak Positive
Train Control.
``(5) Stations--Americans with Disabilities Act Compliance.
``(b) Northeast Corridor.--
``(1) Objective.--The objective of the Northeast Corridor
program is to bring Northeast Corridor infrastructure and
equipment into a state-of-good repair, and to ensure that those
assets are then maintained in a state-of-good repair, so that
the Northeast Corridor can continue providing travelers with a
safe, reliable, and efficient travel option in the congested
Northeast region.
``(2) Authority.--The Secretary may provide grants under
this subsection to reduce the state-of-good repair backlog on
the Northeast Corridor; to replace legacy passenger rail
equipment used for Northeast Corridor service; and to fund the
portion of ongoing capital replacement and renewal needs on the
Northeast Corridor not covered by Northeast Corridor operating
surpluses.
``(3) Eligible recipients.--The Secretary may provide
grants to the following entities for eligible projects under
this subsection:
``(A) Amtrak.
``(B) States and other public-sector entities as
identified in the Northeast Corridor Capital Asset Plan
required by section 24317 of this title.
``(4) Eligible projects.--The Secretary may provide grants
under this subsection for the following activities, as
identified in the Five-Year Capital Asset Plans described in
section 24317 of this title:
``(A) State of good repair backlog.--To replace or
rehabilitate railroad assets that are not currently in
a state of good repair.
``(B) Legacy equipment replacement.--To replace
legacy passenger rolling stock and locomotives used for
Northeast Corridor service.
``(C) Ongoing replacement and renewal.--To fund the
balance needed to maintain the existing Northeast
Corridor infrastructure and equipment in an ongoing
state of good repair, after the following revenues are
first dedicated to these activities:
``(i) All operating surpluses generated
from Northeast Corridor intercity passenger
rail services.
``(ii) All access fees from other users of
the Northeast Corridor.
``(iii) All revenues generated from
ancillary businesses directly associated with
Northeast Corridor services or infrastructure.
``(5) Federal share of total project costs.--The Federal
share of total project costs under this subsection may be up to
100 percent.
``(c) State Corridors.--
``(1) Objective.--To enable the successful implementation
of section 209 of Division B of Public Law 110-432 for existing
State-supported passenger rail operations through transitional
financial assistance to States.
``(2) Authority.--The Secretary is authorized to provide
grants, consistent with the maximum time period under which
temporary financial assistance may be received as developed in
subsection (c)(3) of this section, to eligible recipients under
this subsection to support the implementation of section 209 of
Division B of Public Law 110-432; and replacement of legacy
passenger rolling stock and locomotives used on State
corridors.
``(3) Transition assistance framework.--The Secretary shall
develop a transition assistance framework within six months of
the enactment of this Act. As part of this framework, the
Secretary shall--
``(A) develop criteria for phasing out activities
under subsection (c)(5)(A) of this section by not later
than October 1, 2017; and
``(B) develop policies governing financial terms,
repayment conditions, and other terms of financial
assistance.
``(4) Eligible recipients.--
``(A) States are eligible to receive grants for
activities described in subsections (c)(5)(A) and
(c)(5)(B) of this section.
``(B) States may enter into contractual agreements
to allow for Amtrak to receive grants for activities
described in subsection (c)(5)(B) of this section.
``(5) Eligible activities.--Grants provided under this
paragraph may be used to:
``(A) Provide temporary financial support to
eligible recipients in conformance with the operating
and capital cost methodologies developed pursuant to
section 209 of Division B of Public Law 110-432, until
not later than September 30, 2017.
``(B) Replace legacy passenger rolling stock and
locomotives used for State corridor service as
identified in the Five-Year Capital Asset Plans
described in section 24317 of this title.
``(6) Federal share.--The Federal share of expenditures for
activities described in subsections (c)(5)(B) may be up to 80
percent of the total cost.
``(d) Long-Distance Routes.--
``(1) Objective.--The objective of the long-distance routes
program is to provide grants to Amtrak for the continuation of
services on long-distance routes.
``(2) Authority.--The Secretary may provide grants to
Amtrak under this subsection, in accordance with the relevant
provisions contained in part C, subtitle V of this title.
``(3) Eligible recipients.--Amtrak is eligible to receive
grants for long-distance route activities.
``(4) Eligible activities.--Grants provided for long-
distance routes may be expended for the operating and capital
costs associated with providing reliable national long-distance
passenger rail services to the extent that such expenses cannot
be fully supported by the passenger and non-passenger revenues
generated by long-distance passenger services, as identified in
the Five-Year Business Line Plan described in section 24317 of
this title.
``(5) Federal share.--The Federal share of expenditures for
eligible activities under this subsection may be up to 100
percent of the total cost.
``(e) National Assets, Legacy Debt, and Amtrak Positive Train
Control.--
``(1) Objective.--The objective of the national assets
program is to provide grants to Amtrak for the operating and
capital needs associated with the Nation's core rail assets;
for servicing Amtrak's legacy debt; and for implementing
positive train control on Amtrak routes where Amtrak is fully
or partially responsible for compliance with section 20157 of
this title.
``(2) Authority.--The Secretary may provide grants to
Amtrak under this subsection.
``(3) Eligible recipients.--Amtrak is eligible to receive
grants for national asset activities.
``(4) Eligible activities.--Grants provided for national
assets may be expended for--
``(A) operating and capital costs associated with
operating and maintaining national reservations,
security, mechanical facilities, training centers and
other assets associated with Amtrak's national
passenger rail transportation system;
``(B) implementing positive train control on Amtrak
routes where Amtrak is fully or partially responsible
for compliance with section 20157 of this title; and
``(C) making payments for principal and interest
payments related to debt incurred prior to fiscal year
2005.
``(5) Evaluation of national assets operating costs.--
``(A) The Secretary shall evaluate the cost and
scope of all operating activities defined in paragraph
(4)(A) of this subsection, and shall identify which
activities are--
``(i) required in order to ensure the
efficient operations of a national passenger
rail system;
``(ii) appropriate for allocation to one of
the other Amtrak business lines; and
``(iii) extraneous to providing an
efficient national passenger rail system or are
too costly relative to the benefits or
performance outcomes they provide.
``(B) Within 1 year after the completion of the
review in subparagraph (A), the Federal Railroad
Administration, in consultation with the Amtrak Board
of Directors, the governors of each relevant State, and
the Mayor of the District of Columbia, or entities
representing those officials, shall restructure and/or
reallocate national assets operating costs according to
the findings of the review in that subparagraph.
``(6) Federal share.--The Federal share of expenditures for
eligible activities under this subsection may be up to 100
percent of the total cost as identified in the Five-Year
Business Line Plan described in section 24317 of this title.
``(f) Stations--Americans With Disabilities Act Compliance.--
``(1) Objective.--The objective of the program is to bring
all stations served by Amtrak into compliance with the
Americans with Disabilities Act.
``(2) Authority.--The Secretary may provide grants to
Amtrak under this subsection.
``(3) Eligible recipients.--Amtrak is eligible to receive
grants for eligible activities under this subsection.
``(4) Eligible activities.--Grants provided under this
subsection may be expended for upgrading existing intercity
passenger rail stations to comply with the Americans with
Disabilities Act.
``(5) Federal share.--The Federal share of expenditures for
eligible activities under this subsection may be up to 100
percent of the total cost.
``Sec. 24605. Rail service improvement program
``(a) In General.--The Secretary of Transportation shall establish
a Rail Service Improvement Program under this section. The program
shall promote and facilitate development of new passenger rail
corridors and improvements to existing passenger and freight rail
corridors. The Rail Service Improvement Program consists of programs
covering the following:
``(1) Passenger Corridors.
``(2) Commuter Railroads--Positive Train Control
Compliance.
``(3) Local Rail Facilities and Safety.
``(4) Planning.
``(b) Passenger Corridors.--
``(1) Objective.--The objective of the passenger corridors
program under this subsection is to build regional networks of
passenger rail corridors through construction of new corridors
or substantial improvements to existing corridors, including
Core Express Corridors, Regional Corridors, and Feeder
Corridors, as defined in section 24601 of this title, and to
mitigate passenger train congestion at critical rail
chokepoints.
``(2) Authority.--The Secretary is authorized to provide
grants under this subsection to eligible recipients (as
specified in paragraph (3)) for eligible corridor development
and positive train control projects (as specified in paragraph
(4)).
``(3) Eligible recipients.--Entities eligible for funding
for eligible projects identified in paragraph (4) are the
following:
``(A) A State.
``(B) A group of States.
``(C) An Interstate Compact.
``(D) A Regional Rail Development Authority as
defined in chapter 289 of this title.
``(E) A public agency or publicly-chartered
authority established by one or more States and having
responsibility for providing high-speed or intercity
passenger rail service.
``(F) Amtrak.
``(G) Any institution for procuring, managing, or
maintaining passenger rail rolling stock and
locomotives that may be established pursuant to the
outcomes of the review described in section 305 of
division B of Public Law 110-432, as amended.
``(4) Eligible projects.--The following projects are
eligible to receive funding under this subsection:
``(A) A capital project that is for the primary
benefit of or use in high-performance rail service is
eligible to receive passenger corridors grants under
this subsection, provided that--
``(i) the project proposal is consistent
with an adopted service development plan or
rail hub plan at the time of application; and
``(ii) the project sponsor has completed,
prior to the time of application, the
appropriate level of environmental reviews, in
compliance with the applicable environmental
protection requirements, including the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), its implementing regulations,
and applicable procedures.
``(B) A capital project identified by the Surface
Transportation Board as to improve the on-time
performance and reliability of intercity rail passenger
transportation under section 24308(f) of this title.
``(C) A capital project designated by the Secretary
as being necessary to address congestion challenges
affecting passenger rail.
``(5) Project selection criteria.--In selecting the
recipients of grants for eligible projects under paragraph (4),
the Secretary shall:
``(A) Give preference to proposed projects that are
consistent with the investment goals, objectives,
policies, and methodologies defined in the following:
``(i) Any national rail planning guidance
or parameters set forth by the Secretary.
``(ii) Any Regional Rail Development Plans
described in section 22602 of this title that
are applicable to a project proposal, once
available.
``(iii) Any State Rail Plans, as described
in chapter 227 of this title that are
applicable to a project proposal.
``(B) Also consider the following:
``(i) The project's system and service
performance as experienced by the passenger,
including measures such as improved
reliability, reduced trip time, additional
service frequency to meet anticipated or
existing demand, or other significant system
and service enhancements.
``(ii) Cost-benefit analysis of the
project, which shall include such factors as
the project's estimated ridership and
anticipated user and public benefits, relative
to the proposed Federal investment, and
consideration of enhanced mobility,
environmental, and economic benefits (both for
the specific project proposal and in terms of
the costs and benefits generated by the
specific project within a network context).
``(iii) Cross-modal benefits generated by
the project, including anticipated impacts on
air, transit, or highway traffic congestion,
capacity, or safety; and cost avoidance or
deferral of planned investments in aviation,
transit, and highway systems.
``(iv) Opportunities for operational
integration with commuter rail or other rail
operations, as well as with regional public
transportation providers, including the degree
to which the project could allow for
coordinated schedules, seamless connections
between trains, integrated sales and ticketing
systems, and other mechanisms that will benefit
passengers and encourage cost containment among
rail operators.
``(v) Equitable financial participation by
other beneficiaries of the project, including
the degree to which the project's business plan
considers potential private sector
participation in the financing, construction,
and/or operation of the project.
``(vi) The recipient's past performance in
developing and delivering similar passenger
rail projects.
``(vii) The recipient's previous financial
contributions to developing high-performance
rail services, including any non-Federal
contributions in excess of minimum requirements
that the sponsor may have provided as a match
for previous Federal grants.
``(viii) The likelihood that new service or
expanded service projects, once brought into
service, will be able to cover on-going
operating costs without the support of grants,
within a reasonable time frame.
``(ix) Whether the recipient has or will
have the legal, financial, and technical
capacity to carry out the project, satisfactory
continuing control over the use of the
equipment or facilities, and the capability and
willingness to maintain the equipment or
facilities.
``(x) The likelihood that the proposed
project is feasible and will result in the
anticipated benefits, including the recipient's
means for ensuring the realization of the
anticipated benefits.
``(xi) Any other relevant factors as
determined by the Secretary.
``(6) Planning requirements.--To be eligible for a Federal
grant under this subsection, a project must be specifically
identified on a State Rail Plan, as described in section 22702.
``(7) Federal share of total project costs.--
``(A) Total project cost.--The Secretary shall
estimate the total cost of a project under this
subsection based on engineering studies, studies of
economic feasibility, environmental analyses, and
information on the expected use of equipment or
facilities.
``(B) Federal share.--The Federal share of total
project costs under this subsection shall not exceed 80
percent, except where the proposed project was
identified through and is consistent with a Regional
Rail Development Plan described in chapter 289 of this
title, in which case the Federal share of total project
costs under this subsection shall not exceed 85
percent.
``(c) Commuter Railroads; Positive Train Control Compliance.--
``(1) Objective.--The objective of this program is to
promote rail safety by assisting in funding the implementation
of positive train control on commuter railroad-owned
infrastructure, equipment, and back office systems.
``(2) Authority.--The Secretary is authorized to provide
grants under this subsection to eligible recipients (as
described in paragraph (3)) for eligible positive train control
projects (as described in paragraph (4)).
``(3) Eligible recipients.--Entities eligible for funding
under this subsection include the following:
``(A) A State.
``(B) A group of States.
``(C) A provider of commuter rail passenger
transportation, as defined in section 24102 of this
title.
``(4) Eligible projects.--Projects eligible to receive
grants under this subsection include the following:
``(A) A project for analyzing, designing,
developing, procuring, installing, modifying,
validating, configuring, and testing of positive train
control systems hardware or software system elements on
commuter railroad-owned infrastructure, equipment, or
back office systems, including the following
activities:
``(i) Dedicated passenger service motive
power equipment.
``(ii) Wayside interface of track-side
devices on track owned by eligible recipients.
``(iii) Back office and dispatch system
infrastructure owned and operated by passenger
railroads.
``(iv) Roadway worker terminal devices.
``(v) Communications system design and
components, such as quality of service
determinations, physical communications
infrastructure, and message integrity,
authentication, and non-repudiation mechanisms
to protect positive train control system
communications.
``(vi) Track databases for track segments
owned by eligible recipients, including the
population of such databases with mapping data.
``(vii) Project management services for
oversight and systems engineering of passenger
railroad positive train control system design,
procurement, implementation, and testing
efforts.
``(viii) Positive train control system
training programs for eligible recipients
compliant with title 49 of the Code of Federal
Regulations, part 236 subpart I.
``(ix) Engineering support to prepare all
necessary documentation required for regulatory
compliance and system certification of positive
train control systems for eligible recipients.
``(B) An eligible entity specified in paragraph
(4)(A) may not receive funding under this subsection
for the following activities:
``(i) The procurement of radio frequency
spectrum.
``(ii) Positive train control-related costs
of any entity not listed in paragraph (3), such
as wayside positive train control system
components on track segments owned by a Class I
freight railroad and over which commuter rail
passenger transportation is regularly provided.
``(5) Project selection criteria.--The Secretary, in
selecting the recipients of grants for eligible projects under
paragraph (4), shall consider the following:
``(A) The scope of positive train control system
components necessary to comply with section 20157 of
this title, including the number of locomotives owned
by the eligible recipient, the number of wayside miles
owned by the eligible recipient, the number of positive
train control systems with which the eligible
recipient's positive train control system must be
interoperable; the scale of the communications
infrastructure the eligible recipient requires to
support positive train control system operations; and
the number of modifications to dispatching and back
office systems required to support positive train
control system operations.
``(B) The extent to which the applicant has
demonstrated a clear need for Federal financial
assistance.
``(C) The overall completeness and quality of the
application, including the comprehensiveness of its
supporting documentation.
``(D) The extent of prior positive train control
implementation activities.
``(E) Any other relevant factors as determined by
the Secretary.
``(6) Federal share of project costs.--
``(A) Total project cost.--The Secretary shall
estimate the total cost of a project under this
subsection based on engineering studies, studies of
economic feasibility, environmental analyses, and
information on the expected use of equipment or
facilities.
``(B) Federal share.--The Federal share of total
project costs for grants provided under this subsection
shall not exceed 80 percent of the total project cost.
``(C) Match credit.--The non-Federal share
requirement may be met in whole or in part by eligible
expenditures by the railroad carrier made subsequent to
October 16, 2008, excluding costs related to the lease
or acquisition of radio frequency spectrum.
``(d) Local Rail Facilities and Safety.--
``(1) Objective.--The objective of the local rail
facilities and safety program under this subsection is to
mitigate the impacts of railroad operations in local
communities, through improvements to highway-rail grade
crossings, upgrades to short-line railroad infrastructure, rail
line relocation and improvement projects, and training and
technical assistance to local governments.
``(2) Authority.--The Secretary is authorized to provide
grants under this subsection to eligible recipients (as
described in paragraph (3)) for eligible freight capacity
projects (as described in paragraph (4)). A grant may be used
to pay all or a portion of the subsidy and administrative costs
of projects eligible for Federal credit assistance under the
Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94-210) (45 U.S.C. 801 et seq.) for a capital
project to improve short-line railroad infrastructure.
``(3) Eligible recipients.--Entities eligible for funding
under this subsection include the following:
``(A) A State.
``(B) A group of States.
``(C) An Interstate Compact.
``(D) A Regional Rail Development Authority, as
defined in chapter 289 of this title.
``(E) A local government.
``(F) A metropolitan planning organization.
``(G) A group of metropolitan planning
organizations.
``(4) Eligible projects.--Projects eligible to receive
grants under this subsection include the following:
``(A) A capital project to mitigate the impacts of
rail infrastructure and operations on a local
community, including rail line relocation and
improvement and improving the safety of, or eliminating
hazards at, a highway-rail grade crossing.
``(B) A capital project to improve short-line
railroad infrastructure.
``(C) Training and technical assistance to help
local governments better understand how to coordinate
with railroads on operations and safety issues, and how
to integrate railroad issues into land use and
transportation planning processes.
``(5) Project selection criteria.--In selecting the
recipients of grants for freight capacity projects under this
subsection, the Secretary shall consider--
``(A) the extent to which a proposed project--
``(i) alleviates the impacts of rail
operations on local neighborhoods or urbanized
areas;
``(ii) will result in clearly-defined
public benefits;
``(iii) contributes to increasing the
competitiveness and state of good repair of
short line railroads;
``(iv) enhances safety at critical highway-
rail grade crossings;
``(v) is compatible with local land use,
economic development, and transportation plans
and objectives;
``(vi) includes equitable participation
from other beneficiaries in the project's
financing, including the extent to which the
project will leverage private or local
government investments; and
``(vii) will increase the reliability and
resilience of the nation's rail system;
``(B) the past performance of the recipient and
other beneficiaries of the project in developing and
delivering rail projects; and
``(C) any other relevant factors as determined by
the Secretary.
``(6) Planning requirements.--To be eligible for a Federal
grant under this subsection, a project must be specifically
identified on a State Rail Plan, as described in section 227 of
this title.
``(7) Federal share of project costs.--
``(A) Total project cost.--The Secretary shall
estimate the total cost of a project under this
subsection based on engineering studies, studies of
economic feasibility, environmental analyses, and
information on the expected use of equipment or
facilities.
``(B) Federal share.--The Federal share of total
project costs for grants provided under this subsection
shall not exceed 80 percent of the total project cost.
``(e) Planning.--
``(1) Objective.--The objective of the planning program
under this subsection is to facilitate the development of
comprehensive plans to guide future investments in the nation's
rail systems and to develop the workforce necessary to advance
America's rail industry.
``(2) Authority.--The Secretary is authorized to provide
grants under this subsection to eligible recipients (as
described in paragraph (3)) for eligible planning projects (as
described in paragraph (4)).
``(3) Eligible recipients.--Entities eligible for funding
under this subsection include the following:
``(A) A State.
``(B) A group of States.
``(C) An Interstate Compact.
``(D) A Regional Rail Development Authority as
defined in chapter 289 of this title.
``(E) A public agency or publicly-chartered
authority established by one or more States and having
responsibility for providing high-speed or intercity
passenger rail service.
``(F) A local government.
``(G) A metropolitan planning organization.
``(H) A group of metropolitan planning
organizations.
``(I) National Academy of Sciences Transportation
Research Board, for eligible projects described in
paragraph (4)(C).
``(J) Federal Railroad Administration.
``(4) Eligible projects.--Projects eligible to receive
grants under this subsection include the following:
``(A) The preparation of new rail planning
documents or any updates to existing rail planning
documents including the following:
``(i) A corridor or rail hub investment
plan that consists of both--
``(I) a corridor service
development plan or rail hub plan; and
``(II) corresponding environmental
analyses.
``(ii) A regional rail development plan, as
defined in section 22602 of this title.
``(iii) A State rail plan, as defined in
section 22702 of this title.
``(iv) Any other national, multi-State,
mega-regional, or State planning activity
determined by the Secretary to be necessary to
advance the development of passenger and
freight rail systems.
``(B) Capital upgrades to the Transportation
Technology Center for the purposes of conducting
research, development, testing, evaluation, and
training for the purpose of enhancing technologies
related to the design and deployment of high-
performance rail systems.
``(C) Research conducted by the National
Cooperative Rail Research Program, as established by
section 24910 of this title.
``(D) Workforce development activities, coordinated
to the extent practical with the existing local
training programs supported by the U.S. Department of
Transportation, the U.S. Department of Labor, and the
U.S. Department of Education, including--
``(i) interagency agreements with the
Manufacturing Extension Partnership at the
National Institute of Standards and Technology;
``(ii) developing and deploying training
and technical assistance opportunities for rail
stakeholders; and
``(iii) rail-based University
Transportation Centers established by section
5505 of this title.
``(5) Project selection criteria.--In selecting the
recipients of grants for planning projects under paragraph
(4)(A), the Secretary shall consider--
``(A) the extent to which a proposed planning
project--
``(i) comprehensively addresses both
freight and passenger rail issues and needs;
``(ii) considers high-performance rail's
role within a multimodal context;
``(iii) follows a planning process that
allows for meaningful incorporation of input
from affected communities, local governments,
regional councils and planning organizations,
railroads, transportation modal partners,
environmental interests, workforce investment
boards, economic development agencies, the
public, and other stakeholders, early and
throughout the process;
``(iv) is integrated with other
transportation planning efforts;
``(v) will result in the appropriate
documentation and institutional support to
proceed with project implementation; and
``(vi) examines and evaluates non-
transportation issues that could be affected by
future capital projects, including but not
limited to land use, economic development, and
social equity; and
``(B) Any other relevant factors as determined by
the Secretary.
``(6) Federal share of project costs.--
``(A) The Federal share of total project costs for
a grant provided under paragraph (4)(A) shall not
exceed 80 percent of the total project cost.
``(B) The Federal share of total project costs for
a grant or contract provided under this paragraph
(4)(B)-(D) may be up to 100 percent of the total
project cost.
``(7) Federally-led rail planning.--The Secretary may
retain up to two percent of the funds made available under
section 24602(b) of this title to facilitate the preparation of
national planning tools and analyses, multi-State regional rail
plans, and service development plans and related environmental
reviews for corridors located in multiple States.
``Sec. 24606. Oversight
``(a) Authority.--
``(1) In general.--
``(A) Current passenger rail service program.--The
Secretary of Transportation may expend up to one-half
percent of the funds made available each fiscal year
under section 24602(a) of this title to conduct
oversight of and to provide training and technical
assistance for the current passenger rail service
program.
``(B) Rail service improvement program.--The
Secretary of Transportation may expend up to 1 percent
of the funds made available each fiscal year under
section 24602(b) of this title to conduct oversight,
training and technical assistance, and project
evaluations and assessments for the rail service
improvement program.
``(2) Payment.--The Federal share of a contract under this
subsection shall be 100 percent.
``(b) Project Management Oversight.--
``(1) Procedures.--The Secretary shall develop and
implement oversight procedures to monitor the effective and
efficient use of funds appropriated under this chapter. These
procedures shall include such measures as the Secretary deems
necessary to identify, mitigate, and monitor risks to
successful delivery of projects. These procedures may include--
``(A) entering into contracts for safety,
procurement, management, and financial compliance
reviews, audits, and reports of a recipient of funds
appropriated under this chapter;
``(B) conducting site visits to review the progress
and implementation of projects under this chapter; and
``(C) establishing field offices to oversee
projects and to provide project delivery assistance to
the recipients of financial assistance under this
chapter.
``(2) Access.--Each recipient of financial assistance under
this chapter shall provide the Secretary or the Secretary's
designee, including a contractor the Secretary chooses under
paragraph (1)(A) of this subsection, with access to the
construction sites and records of the recipient when reasonably
necessary.
``(c) Project Evaluation and Assessment.--The Secretary shall
develop and implement procedures for evaluating the implementation of
projects receiving funds made available under sections 24602(b) of this
title and assessing the extent to which these projects achieved
intended outcomes and public benefits. These procedures may include--
``(1) establishing criteria to guide the selection of
grants under section 24602(b) for individual assessments;
``(2) identifying, collecting, and analyzing standardized
data and metrics related to grant applications under section
24602 (b) and (c), and to the implementation, outcomes, and
public benefits of projects receiving grants under section
24602(b);
``(3) performing a national evaluation of overall program
results and outcomes under section 24602(b);
``(4) undertaking statistical and cost-benefit analyses to
identify strategies for maximizing return on investment of
Federal funding in rail research, planning, and construction;
and
``(5) entering into grants or contracts for the purpose of
carrying out the procedures established under this paragraph.
``(d) Training and Technical Assistance.--The Secretary shall
develop and implement procedures to provide training and technical
assistance to grantees and other stakeholders in order to ensure the
effective and efficient use of funds appropriated under this chapter.
``(e) Project Delivery Documentation.--To receive Federal financial
assistance for a project under this chapter, an applicant shall prepare
project delivery documentation, which may include the following:
``(1) A project management plan.
``(2) A financial plan.
``(3) A system safety plan.
``(4) Agreements between the project sponsor(s) and all
relevant entities.
``(5) A project risk management plan.
``(6) Other documents identified by the Secretary as
relevant to carrying out project management oversight
activities under this section.
``Sec. 24607. Financial assistance conditions
``(a) Financial Assistance Conditions.--The Secretary shall
require, as a condition of making any financial assistance under
section 24605, that such financial assistance shall comply with section
24405 (b), (c), (d), and (e) of this title, as amended, in the same
manner that funding under chapter 244 of part C of subtitle V of this
title is required to comply with section 24405 (b), (c), (d), and (e)
of this title.
``(b) Local Hiring.--
``(1) In general.--A recipient of assistance may advertise,
post job opportunities on State job banks and with One Stop
centers established under the Workforce Investment Act, and
award a contract for construction containing requirements for
the employment of individuals residing in or adjacent to any of
the areas in which the work is to be performed is for
construction work required under the contract, provided that--
``(A) all or part of the construction work
performed under the contract occurs in an area that
has--
``(i) a per capita income of 80 percent or
less of the national average; or
``(ii) an unemployment rate that is for the
most recent 24-month period for which data are
available at least 1 percent greater than the
national average unemployment rate;
``(B) the estimated cost of the project of which
the contract is a part is greater than $10 million;
``(C) the recipient may not require the hiring of
individuals who do not have the necessary skills to
perform work in any craft or trade, except for
individuals who are subject to a apprenticeship program
or other training program meeting the requirements of
subsection 24605(e) of this title; and
``(D) the award of such a contract complies with
agreements subject to the Railway Labor Act (45 U.S.C.
151-188), if applicable.
``(2) Advertisement.--In advertising an awarding a contract
under this subsection, the Secretary or a recipient of
assistance shall ensure that the requirements contained in the
advertisement would not--
``(A) compromise the quality of the project;
``(B) unreasonably delay the completion of the
project; or
``(C) unreasonably increase the cost of the
project.
``(3) Available programs.--The Secretary shall make
available to recipients the workforce development and training
programs set forth in section 24605(e)(4)(D)(ii) of this title
to assist recipients who wish to establish training programs
that satisfy the provisions of subsection (b)(1)(C). The
Secretary of Labor shall make available its qualifying
workforce and training development programs to recipients who
wish to establish training programs that satisfy the provisions
of section (b)(1)(C).''.
(b) Conforming Amendment.--The chapter analysis for subtitle V is
amended by inserting the following after the item relating to chapter
244:
``246. National High-Performance Rail System................ 24601''.
SEC. 9103. AMTRAK 5-YEAR BUSINESS PLANNING.
(a) Amtrak 5-Year Business Line and Capital Asset Plans.--Part C of
subtitle V is amended by inserting the following new section after
section 24316:
``Sec. 24317. Amtrak 5-year business line and capital asset plans
``(a) In General.--
``(1) Draft plans.--Not later than July 1 of each year,
Amtrak shall submit to the Secretary of Transportation draft 5-
year business line plans and draft 5-year capital asset plans
prepared in accordance with this section. Each draft plan shall
include information on historical performance, the subsequent
base fiscal year, and the 5-year period that begins with the
second full fiscal year after the submission. Amtrak shall, in
consultation with the Secretary of Transportation, revise the
draft plans, as appropriate.
``(2) Final plans.--Not later than February 15 of each
year, Amtrak shall submit to Congress and the Secretary of
Transportation 5-year business line plans prepared in
accordance with this section. These plans shall form the basis
for Amtrak's general and legislative annual report to the
President and Congress required by subsection 24315(b) of this
title.
``(3) Updated plans.--Amtrak shall submit updated 5-year
business line plans to Congress and the Secretary of
Transportation no later than 60 days after the date of
enactment of an appropriations Act for the fiscal year. The
updated plan shall reflect the actual appropriations levels or
obligation limits for that fiscal year, and any corresponding
adjustments to the subsequent fiscal years. Amtrak shall submit
updated 5-year capital asset plans to the Secretary of
Transportation no later than 60 days after the date of
enactment of an appropriations Act for the fiscal year.
``(b) Amtrak 5-Year Business Line Plans.--
``(1) Amtrak business lines.--Amtrak shall prepare a 5-year
business line plan for each of the following business lines:
``(A) Northeast Corridor, as defined by section
24102(5)(A).
``(B) State corridors, as defined by section
24102(5)(D).
``(C) Long-distance routes, as defined by section
24102(5)(C).
``(D) National assets.
``(2) Contents of 5-year business line plans.--The 5-year
business line plan for each business line shall include, at a
minimum:
``(A) A statement of Amtrak's vision, goals, and
objectives for the business line, coordinated with any
entities that are contributing capital or operating
funding to support passenger rail services within those
business lines, and aligned with Amtrak's Strategic
Plan.
``(B) All projected revenues and expenditures for
the business line, including identification of revenues
and expenditures incurred by--
``(i) passenger operations;
``(ii) non-passenger operations that are
directly related to the business line,
including all ancillary business activities;
and
``(iii) governmental funding sources,
including revenues and other funding received
from States.
``(C) Projected ridership levels for all passenger
operations.
``(D) A prioritized list of capital projects,
including identified funding sources, that is aligned
with the Five-Year Capital Asset Plans described in
subsection (c).
``(E) Estimates of long-term and short-term debt
and associated principal and interest payments (both
current and forecasts).
``(F) Annual profit and loss statements and
forecasts and balance sheets.
``(G) Annual cash flow forecasts.
``(H) A statement describing the methodologies and
significant assumptions underlying estimates and
forecasts.
``(I) Specific performance measures that
demonstrate measurable improvement year over year in
the financial results of Amtrak's operations.
``(J) Financial performance for each route within
each business line, including descriptions of the cash
operating loss and labor productivity for each route.
``(K) Specific costs and savings estimates
resulting from reform initiatives.
``(L) Prior fiscal year and projected equipment
reliability statistics, in coordination with the
equipment capital asset plan.
``(M) Identification and explanation of any
adjustments made from previously approved plans.
``(3) Five-year business line plans process.--In meeting
the requirements of this section, Amtrak shall--
``(A) coordinate with the development of the
capital asset plans described in subsection (c) and
ensure integration of each 5-year business line plan
with the 5-year capital asset plans;
``(B) for the Northeast Corridor business line
plan, coordinate with the Northeast Corridor
Infrastructure and Operations Advisory Commission,
States, freight railroads, and commuter operators that
access Northeast Corridor infrastructure; and
``(C) ensure that Amtrak's annual budget request to
Congress is consistent with the information in the 5-
year business line plans.
``(4) Standards to promote financial stability.--In meeting
the requirements of subsection (b) of this section, Amtrak
shall--
``(A) apply sound budgetary practices; and
``(B) use the categories specified in the financial
accounting and reporting system developed under section
203 of Division B of Public Law 110-432 when preparing
its 5-year business plans.
``(c) Amtrak 5-Year Capital Asset Plans.--
``(1) Capital asset categories.--Amtrak shall prepare a 5-
year capital asset plan for each of the following capital asset
categories:
``(A) Infrastructure, including all Northeast
Corridor assets and other Amtrak-owned infrastructure,
and the associated engineering facilities that support
the maintenance and improvement of those assets.
``(B) Passenger rail equipment, including all
rolling stock, locomotives, and mechanical shop
facilities that are used to overhaul equipment.
``(C) Stations, including all Amtrak-served
passenger rail stations.
``(D) Corporate, including assets such as
information technology, training centers, and other
capital items that support the national passenger rail
system.
``(2) Contents of 5-year capital asset plans.--Each capital
asset plan shall include, at a minimum--
``(A) a summary of Amtrak's 5-year strategic plan
for each asset category, including goals, objectives,
any relevant performance metrics, and statutory or
regulatory actions affecting the assets;
``(B) an inventory of existing Amtrak capital
assets, including information regarding shared use or
ownership, where applicable; and
``(C) a prioritized list of proposed capital
investments that--
``(i) categorizes each capital project as
being primarily associated with--
``(I) normalized capital
replacement;
``(II) backlog capital replacement;
``(III) improvements to support
service enhancements or growth; or
``(IV) strategic initiatives that
will improve overall operational
performance, lower costs, or otherwise
improve Amtrak's corporate efficiency;
``(ii) identifies the anticipated funding
source for each capital project;
``(iii) describes the anticipated business
outcomes of each project, including: an
assessment of the potential effect on passenger
operations, safety, reliability and resilience,
and on Amtrak's ability to meet regulatory
requirements should the project not be funded;
and an assessment of the benefits and costs;
``(iv) identifies where the capital assets
are or will be jointly used by intercity
passenger rail service and other users, and
that identifies the proportionate share of this
joint usage; and
``(v) for projects that are expected to be
fully or partially funded through Federal
grants, identifies the most appropriate public
agency or entity to receive those funds and
implement each capital project, in cases where
that entity is not Amtrak.
``(3) 5-year capital asset plan process.--In meeting the
requirements of subsection (c) of this section, Amtrak shall--
``(A) coordinate with the development of the
business lines described in subsection (b)(1) of this
section and ensure integration of each 5-year capital
asset plan with the 5-year business line plans; and
``(B) for the infrastructure capital asset plan
described in subsection (c)(1)(A) of this section,
coordinate with the Northeast Corridor Infrastructure
and Operations Advisory Commission, States, freight
railroads, and commuter operators that access Northeast
Corridor infrastructure.''.
(b) Identification of Duplicative Reporting Requirements.--
(1) The Secretary shall review existing Amtrak reporting
requirements and identify where these requirements are
duplicative with the business line and capital asset plans
required by this section.
(2) Where duplicative reporting requirements are
administrative, the Secretary shall eliminate such duplicative
requirements.
(3) The Secretary shall submit a report to Congress with
any recommendations for repealing duplicative Amtrak reporting
requirements.
SEC. 9104. CLARIFICATION OF GRANT CONDITIONS.
(a) Rail Carriers.--Section 24405(b) is amended--
(1) by striking the title and inserting:
``(b) Operators and Certain Railroad Transportation Service
Providers Deemed Rail Carriers and Employers for Certain Purposes.--
(1)'';
(2) after ``operations over'' by inserting ``, or that
performs dispatching, maintenance of way, or signal system work
for, or in support of, rail operations that is work performed
by employees in crafts and classes recognized by the National
Mediation Board on,'';
(3) by replacing ``(1)'', ``(2)'', and ``(3)'' with
``(A)'', ``(B)'', and ``(C)''; and
(4) by inserting at the end the following:
``(2) Notwithstanding subsection (b) of this section--
``(A) an employer engaged primarily in the building
and construction industry, as that term is used in
section 8(f) of the National Labor Relations Act, which
is performing work as a contractor for a rail carrier
shall not itself be considered a rail carrier solely as
a result of performance of that work;
``(B) an employer performing work as a contractor
or subcontractor consistent with a collective
bargaining agreement covering the railroad that owns
rail infrastructure constructed or improved with
funding provided in whole or in part in a grant made
under this chapter shall not itself be considered a
rail carrier solely as a result of performance of that
work; and
``(C) an employer performing work as a contractor
for an operator in accordance with a collective
bargaining agreement reached by the operator and a
union representing employees in a craft or class
recognized by the National Mediation Board covering
work performed by that craft or class shall not itself
be considered a rail carrier solely as a result of
performance of that work.''.
(b) Grant Conditions.--Section 24405(c) is amended--
(1) by striking ``railroad'' and inserting ``railroad or
used by a railroad for common carrier service''; and
(2) in subsection (c)(2), by striking ``comply'' and
inserting ``assure compliance''.
SEC. 9105. RESEARCH AND DEVELOPMENT.
(a) Research, Development, Testing, and Training.--Section 20108(a)
is amended by inserting ``, operations, and technology'' after the word
``safety''.
(b) Technical Correction.--Section 24910 is amended by striking
subsection (e).
SEC. 9106. MISCELLANEOUS REVISIONS.
(a) Amtrak Indebtedness.--Division B of Public Law 110-432, the
Passenger Rail Investment and Improvement Act of 2008, is amended--
(1) by repealing section 204; and
(2) by revising section 205(a) to read as follows:
``(a) In General.--The Secretary of the Treasury, in consultation
with the Secretary and Amtrak, may make agreements to restructure
Amtrak's indebtedness as of the date of enactment of this Act. This
authorization expires on September 30, 2018.''.
(b) Criminal Penalties.--Section 21311 is amended as follows:
(1) Subsection (a) is amended by deleting ``and
willfully''.
(2) The following is inserted at the end:
``(c) Criminal Penalty.--A person who knowingly violates a
provision of this chapter shall, if the violator's activities have led
or could have led to death or serious injury, be fined under title 18,
imprisoned for not more than 5 years, or both.''.
Subtitle B--Policy
SEC. 9201. REGIONAL RAIL DEVELOPMENT AUTHORITIES.
(a) In General.--Part E of subtitle V is amended by inserting the
following after chapter 287:
``CHAPTER 289--REGIONAL RAIL DEVELOPMENT AUTHORITIES
``Sec.
``28901. Authority and objectives.
``28902. Structure.
``28903. Activities.
``Sec. 28901. Authority and objectives
``(a) Authority.--The Secretary, in consultation with State
governors, is authorized to establish Regional Rail Development
Authorities (hereafter referred to as `RRDAs') to facilitate the
development of multi-State high-performance rail services and to
coordinate these investments with other rail, transit, highway, and
aviation system services.
``(b) Objectives.--The objectives of RRDAs are as follows:
``(1) To establish multi-State public entities that have
the authority to plan and develop high-speed and intercity
passenger rail infrastructure and services within regions, in
coordination with other planning and investment efforts in the
region's freight rail, transit, highway, and aviation
infrastructure.
``(2) To develop and implement Regional Rail Development
Plans that are consistent with the framework established in the
National Passenger Rail Development Plan, including
establishing a structure for State- and corridor-level planning
efforts.
``(3) To support the prioritization of intercity passenger
rail investments, taking into consideration the most logical,
efficient, and cost-effective approach for developing the
regional passenger rail network.
``(4) To facilitate interoperability and integration across
corridors and States within regions.
``Sec. 28902. Structure
``(a) Governance.--
``(1) Executive director.--
``(A) Appointment.--An RRDA shall be administered
by an Executive Director who is appointed by the
Secretary.
``(B) Supervision.--The Executive Director shall be
subject to the supervision and direction of the
Secretary consistent with the Executive Director's
responsibilities and other requirements established in
this chapter.
``(C) Expertise.--The Executive Director shall have
demonstrated expertise in the following three areas:
``(i) Passenger or freight rail operations.
``(ii) Transportation or infrastructure
planning.
``(iii) Project, public, or corporate
finance.
``(D) Authority.--The Executive Director shall be
the chief executive officer of the RRDA, with such
executive functions, powers, and duties as may be
prescribed by this chapter or otherwise by the
Secretary.
``(E) Responsibility.--The Executive Director shall
have responsibility for the day-to-day operations of
the RRDA. In addition to the other activities required
to carry out the authorities and purposes of the RRDA
as set forth in this chapter, the Executive Director
shall--
``(i) establish and maintain a passenger
rail corridor development and delivery
capability that consists of qualified
transportation infrastructure planning,
financing, and construction professionals
directed to develop and deliver projects that
are consistent with the strategy and objectives
set forth in the Regional Rail Development
Plan; and
``(ii) establish and maintain a technical
assistance capability at the RRDA that consists
of a staff of qualified project management
professionals directed to assist other entities
within the region that are implementing high-
speed and intercity passenger rail projects.
``(2) Regional committee.--
``(A) Establishment.--There is established within
the RRDA a deliberative body to be known as the
`Regional Committee'.
``(B) Membership.--The membership of the Regional
Committee may be established and maintained as follows:
``(i) Governors or their designees from all
States in the region.
``(ii) Other individuals and organizations
the Secretary determines have a significant
interest in rail issues in the region.
``(C) Consultation.--The Regional Committee shall
consult with--
``(i) elected officials and other community
leaders in cities or counties affected by high-
speed or intercity passenger rail projects;
``(ii) economic development bodies;
``(iii) business leaders in the region;
``(iv) freight carriers with operations in
the region;
``(v) commuter rail agencies with
operations in the region;
``(vi) rail labor;
``(vii) regional transportation and air
quality planning agencies; and
``(viii) other individuals or organizations
that the Regional Committee determines would
provide valuable input into the Committee's
deliberations.
``(D) Responsibilities.--The Regional Committee
shall be responsible for carrying out the following:
``(i) Proposing to the Secretary the
Regional Rail Development Plan within one year
of the RRDA's establishment and making
recommendations to the Secretary for biennial
updates.
``(ii) Evaluating Service Development Plans
and investment plans and related materials or
other analyses prepared by the Executive
Director for use in supporting applications to
the Secretary for Federal financial assistance
and providing the Secretary with
recommendations or written objections to the
Plan and related materials as appropriate.
``(iii) Making recommendations to the
Secretary for the selection of private sector
partners for designing, constructing,
operating, or maintaining a corridor.
``(iv) Evaluating and making
recommendations to the Secretary for the RRDA's
Annual Report.
``(v) Making recommendations to the
Secretary concerning the powers outlined in
section 28903 of this title.
``(E) Majority vote.--An action or decision by the
Regional Committee shall be by majority vote of all
members, whether in person or in absentia. Each member
shall be provided a reasonable opportunity to vote on
all matters before the Regional Committee.
``(F) Publicly accessible meetings.--All meetings
of the Regional Committee shall be publicly-accessible,
and the Regional Committee shall also provide regular
updates and information on a publicly-accessible Web
site.
``(b) Exemption From Federal Advisory Committee Act.--The Federal
Advisory Committee Act shall not apply to Regional Rail Development
Authorities.
``Sec. 28903. Activities
``(a) Corridor Development Powers.--Regional Rail Development
Authorities established pursuant to this chapter shall have the power
to undertake the following corridor development activities:
``(1) Planning for Core Express Corridors, Regional
Corridors, and Feeder Corridors within their jurisdiction,
including leading the development of the Regional Rail
Development Plan described in section 22602 of this title and
identifying proposed corridor alignments and station locations.
``(2) Planning that addresses transportation issues and
infrastructure investments for more efficient movement of
people and goods through and among corridors, including
consideration of the most cost-effective transportation
investments to address a specific region's or corridor's
transportation needs for both people and goods.
``(3) Preparing engineering studies, environmental and
health analyses, project management plans, financial plans,
service development plans and other documentation necessary for
developing and delivering new or improved high-speed or
intercity passenger rail services.
``(4) Receiving, managing, and expending Federal financial
assistance, including taking responsibility for all relevant
reporting or other requirements associated with that financial
assistance.
``(5) Coordinating the financing package for project
development and delivery, including structuring and overseeing
Federal, State, and local financial assistance funds, and
private-sector contributions.
``(6) Leading construction-related activities for
developing the corridor, including issuing requests for
proposals/qualifications, managing contractors, entering into
contracts with public and private entities for construction of
the corridor, and other related activities.
``(7) Acquiring and preserving right-of-way for dedicated
corridors.
``(8) Providing for or supporting negotiations with
infrastructure owners for new or improved shared-use passenger
rail corridors.
``(9) Issuing requests for proposals for projects for the
financing, design, construction, operation, and/or maintenance
of a high-speed intercity passenger rail system operating
within the RRDA's jurisdictions that shall include those items
described in paragraph (a)(4) of section 502 of Division B of
Public Law 110-432.
``(b) Funding Eligibility.--Regional Rail Development Authorities
are eligible to receive Federal funding under the Rail Service
Improvement Program, as described in section 24605 of this title.''.
(b) Related Amendment.--The analysis for subtitle V is amended by
inserting below the item for chapter 287 the following:
``289. Authority and objectives............................. 28901
`` Structure................................................ 28902
`` Activities............................................... 28903''.
SEC. 9202. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS ADVISORY
COMMISSION.
Section 24905 is amended as follows:
(1) By revising paragraph (c)(1)(B) to read as follows:
``(B) develop a proposed timetable for implementing
the formula that allows for a phased-in schedule that
incorporates a reasonable amount of time for agreements
to be negotiated among affected parties, provided that
the formula is fully implemented no later than
September 30, 2018.''.
(2) In paragraph (e), by striking ``2013'' and replacing
with ``2018''.
(3) By inserting paragraph (g) to read as follows:
``(g) Northeast Corridor Governance.--Not later than September 30,
2014, the Commission shall issue a report with recommendations
regarding the appropriate mechanisms for managing, improving,
financing, operating, and maintaining the Northeast Corridor, including
a clear delineation of responsibilities among the Federal government,
States, and Amtrak. This report shall be submitted to the Secretary,
the Committee on Commerce, Science, and Transportation of the Senate,
and the Committee on Transportation and Infrastructure of the House of
Representatives.''.
SEC. 9203. STANDARDIZATION OF PASSENGER EQUIPMENT AND PLATFORMS.
(a) Passenger Platforms.--Where level-entry boarding platforms are
required by law--
(1) new or rebuilt passenger platforms in Connecticut,
Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New
York, Rhode Island, and Vermont shall be constructed and
maintained at 48 inches above top of rail;
(2) new or rebuilt passenger platforms in Maryland and
Pennsylvania shall be constructed and maintained at 15 or 48
inches above top of rail, in coordination with the lowest floor
height of equipment serving the platform;
(3) new or rebuilt platforms at Union Station in
Washington, DC, shall be built and maintained to facilitate
level boarding for the equipment serving the platform;
(4) all other new or rebuilt passenger rail platforms shall
be built and maintained at 15 inches above top of rail; and
(5) it is the intent of Congress to expressly preempt State
and local laws, regulations and rules on passenger platform
height and setback.
(b) Exceptions.--
(1) A railroad owner may seek an exception to the passenger
platform height requirements by presenting information to the
Federal Railroad Administration of an actual conflict between
the requirement and an existing piece of equipment operated
past the platform location. New or rebuilt passenger rail
equipment used on any route with a platform excepted under this
subpart must be equipped with an onboard lift.
(2) A railroad owner may seek an exception to the passenger
platform height requirements by presenting information to the
Federal Railroad Administration that it will provide level-
boarding at a height other than that provided in subsection
(a).
(3) A system that is in operation on the date of this
enactment that provides a level-boarding platform at a height
other than those described in subsection (a) may continue to
provide such service.
SEC. 9204. NEXT GENERATION EQUIPMENT COMMITTEE.
(a) Revisions to Division B of Public Law 110-432, the Passenger
Rail Investment and Improvement Act of 2008.--Section 305 of Division B
of Public Law 110-432 is amended--
(1) in subsection (a), by inserting ``labor organizations
that represent employees who perform overhaul and maintenance
work on passenger equipment used for intercity passenger rail
transportation,'' after ``manufacturers,'';
(2) by redesignating paragraph (e) as paragraph (f); and
(3) by inserting new paragraph (e) to read as follows--
``(e) Rail Equipment Management.--Not later than December 30, 2013,
the Next Generation Corridor Equipment Pool Committee shall issue a
report with recommendations regarding the appropriate mechanisms for
procuring, managing, and maintaining passenger rail cars and
locomotives. This report shall be submitted to the Secretary, the
Committee on Commerce, Science, and Transportation of the Senate, and
the Committee on Transportation and Infrastructure of the House of
Representatives.''.
(a) In General.--Part E of subtitle V is amended by inserting the
following after chapter 285:
``CHAPTER 287--BUY AMERICA PREFERENCES
``Sec.
``28701. Buying goods produced in the United States.
``28702. Fraudulent use of `Made in America' label.
``Sec. 28701. Buying goods produced in the United States
``(a) Preference.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary shall not obligate any funds authorized to
be appropriated to carry out subtitle V of this title and
administered by the Department of Transportation, nor shall the
Secretary provide direct loans or loan guarantees under section
502 of the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 822), unless steel, iron, and manufactured
products used in the project are produced in the United States.
``(2) Non-federal funds.--Notwithstanding any other
provision of law, rolling stock and power train equipment
(including train control, communication, traction power
equipment, and rolling stock prototypes) purchased with non-
Federal funds in connection with a project receiving Federal
financial assistance under subtitle V of this title or under
section 502 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 822), shall only use steel, iron,
and manufactured products produced in the United States.
``(b) Waiver.--The Secretary may waive subsection (a) of this
section if the Secretary finds that--
``(1) applying subsection (a) would be inconsistent with
the public interest;
``(2) such materials and products produced in the United
States are not produced in a sufficient and reasonably
available amount or are not of a satisfactory quality;
``(3) the cost of the domestic material will increase the
cost of the end product by more than 25 percent; or
``(4) when procuring rolling stock or train control systems
for high-speed rail, as that term is defined by section
26105(2) of this title--
``(A) the rolling stock and train control systems
are manufactured in the United States substantially
from components produced or manufactured in the United
States;
``(B) the rolling stock domestic material
improvement plan required by subsection (c) of this
section addresses how the domestic material content of
the rolling stock and train control systems will be
increased over the duration of the contract; and
``(C) final assembly of the rolling stock and train
control systems, not including prototypes that will
primarily be used to test the rolling stock or train
control systems, has occurred in the United States; and
``(5) the waiver justifications contained in this
subsection at paragraphs (1) through (3) apply to all steel,
iron, and manufactured products, including all rolling stock.
``(c) Rolling Stock Domestic Material Improvement Plan.--All
rolling stock procurements subject to the requirements of subsection
(a) of this section shall require that rolling stock procurement
proposals include a plan to increase the domestic material content of
the rolling stock over the duration of the contract. This plan shall
address increasing the domestic material content of all components and
subcomponents. Significant weight shall be given in the proposal
evaluation criteria for the plan achieving the most domestic material
content. The recipient of the Federal financial assistance shall
conduct an audit post-contract award to verify implementation of the
plan. As determined appropriate by the Secretary, a certain amount of
funding made available for the rolling stock procurement shall be used
to implement the plan.
``(d) Labor Costs.--For purposes of this section, labor costs
involved in final assembly shall not be included in calculating the
cost of components.
``(e) Waiver Notice and Comment.--If the Secretary determines that
it is necessary to waive the application of subsection (a) based on a
finding under subsection (b), the Secretary shall, before the date on
which such finding takes effect--
``(1) make available to the public on the Department of
Transportation's public Web site the waiver request and a
detailed written justification as to why the waiver is needed;
``(2) publish in the Federal Register a detailed written
justification as to why the waiver is needed; and
``(3) provide notice of such finding and an opportunity for
public comment on such finding for a reasonable period of time
not to exceed 15 days.
``(f) Waiver Prohibited.--The Secretary may not make a waiver under
subsection (b) of this section for goods produced in a foreign country
if the Secretary, in consultation with the United States Trade
Representative, decides that the government of that foreign country--
``(1) has an agreement with the United States Government
under which the Secretary has waived the requirement of this
section; and
``(2) has violated the agreement by discriminating against
goods to which this section applies that are produced in the
United States and to which the agreement applies.
``(g) State Requirements.--The Secretary may not impose any
limitation on assistance provided under subtitle V of this title that
restricts a State from imposing more stringent requirements than this
section on the use of articles, materials, and supplies mined,
produced, or manufactured in foreign countries, in projects carried out
with that assistance, or restricts a recipient of that assistance from
complying with those State-imposed requirements.
``(h) Certification.--The Secretary may allow a manufacturer or
supplier of steel, iron, or manufactured goods to correct after bid
opening any certification of noncompliance or failure to properly
complete the certification (but not including failure to sign the
certification) under this section if such manufacturer or supplier
attests under penalty of perjury that such manufacturer or supplier
submitted an incorrect certification as a result of an inadvertent or
clerical error. The burden of establishing inadvertent or clerical
error is on the manufacturer or supplier.
``(i) Review.--A party adversely affected by an agency action under
this section shall have the right to seek review under section 702 of
title 5.
``(j) Minimum Cost.--The requirements of this section shall only
apply to contracts for which the costs exceed $100,000.
``(k) International Agreements.--This section shall be applied in a
manner consistent with United States obligations under international
agreements.
``Sec. 28702. Fraudulent use of `Made in America' label
``A person is ineligible to receive a contract or subcontract made
with amounts authorized under subtitle V of this title or section 502
of the Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 822) if a court or department, agency, or instrumentality of the
Government decides the person intentionally--
``(1) affixed a `Made in America' label, or a label with an
inscription having the same meaning, to goods sold in or
shipped to the United States that are used in a project to
which this section applies, but were not produced in the United
States; or
``(2) represented that goods described in paragraph (1) of
this section were produced in the United States.''.
(b) Conforming Amendment.--The analysis for subtitle V is amended
by inserting below the item for chapter 285 the following:
``287. Buy America preferences.............................. 28701''.
(c) Related Amendments.--
(1) Section 24305 is amended by repealing subsection (f).
(2) Section 24405(a) is amended by redesignating paragraphs
(1) through (11), respectively, as paragraphs (2) through (12).
(3) Section 24405(a) is amended by inserting at the
beginning the following:
``(1) This subsection applies to projects that have
received Federal funding to carry out this chapter prior to the
enactment of the Rail Safety, Reliability, and Efficiency for a
Strong America Act.''.
SEC. 9206. RAIL PASSENGER TRANSPORTATION LIABILITY AND MANDATORY
COVERAGE.
(a) Liability.--Section 28103 is amended as follows:
(1) By revising subsection (a)(2) by inserting, ``including
commuter rail passengers,'' after the words ``rail
passenger,''.
(2) By revising subsection (b) to read as follows:
``(b) Contractual Obligations.--A provider of rail passenger
transportation may enter into contracts that allocate financial
responsibility for claims and such contracts shall be enforceable
notwithstanding any other provision of law, common law or public policy
or the nature of the conduct giving rise to the damages or
liability.''.
(3) By inserting at the end of subsection (e) the
following:
``(4) the term `rail passenger transportation' includes
commuter rail transportation.''.
(b) Mandatory Coverage.--Subsection 28103(c) is amended by striking
``Amtrak'' and inserting ``A provider of rail passenger
transportation''.
SEC. 9207. SHARED-USE STUDY.
(a) In General.--The Secretary shall conduct a study, in
consultation with, as appropriate, Amtrak, commuter, and other
passenger rail operators, rail carriers that own rail infrastructure
over which both passenger and freight trains operate, States, the
Surface Transportation Board, and groups representing rail passengers
and customers, in order to evaluate the shared-use of right-of-way by
passenger and freight rail systems and the operational, institutional,
and legal structures that would best support improvements to both of
these systems.
(b) Areas of Study.--In conducting the study, the Secretary shall
evaluate--
(1) the access and use of railroad right-of-way by a
railroad that does not own the right-of-way. This evaluation
shall include an analysis of passenger rail services that
operate over privately owned right-of-way, including access
agreements, costs of access, and the resolution of disputes
relating to such access or costs;
(2) the effectiveness of existing contractual and
regulatory mechanisms for establishing, measuring, and
enforcing train performance standards, including identification
of gaps in those existing mechanisms and designation of
possible new approaches;
(3) mechanisms for measuring and maintaining benefits
resulting from publically funded freight and/or intercity
passenger rail improvements, including those improvements
directed towards shared-use right-of-way;
(4) standard approaches to operations, capacity, and cost
estimation modeling that allows for transparent decision-making
while also protecting the proprietary interests of all parties;
and
(5) other issues identified by the Secretary.
(c) Report.--Within 180 days after the establishment of a dedicated
Rail Account within the Transportation Trust Fund, the Secretary shall
submit recommendations developed pursuant to subsections (a) and (b),
including any legislative proposals consistent with such
recommendations, to the Committee on Transportation and Infrastructure
of the House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate.
(d) Implementation.--The Secretary shall integrate the
recommendations submitted under subsection (c) into its financial
assistance programs under subtitle V and section 502 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822), as
appropriate. The Secretary may promulgate a rulemaking or rulemakings
to integrate such recommendations, if appropriate.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as necessary to conduct the
study described in this section, to remain available until expended.
SEC. 9208. DISADVANTAGED BUSINESS ENTERPRISES; DISPARITY AND
AVAILABILITY STUDY.
(a) In General.--The Secretary of Transportation shall continue
actions to conduct a nationwide disparity and availability study to
establish the availability and utilization of small business concerns
owned and controlled by socially and economically disadvantaged
individuals (``small disadvantaged businesses'') in publicly funded
railroad projects.
(b) Definitions.--In this section:
(1) Small business concern.--The term ``small business
concern'' means a small business concern as the term is used in
section 3 of the Small Business Act (15 U.S.C. 632). The term
``small business concern'' does not include any concern or
group of concerns controlled by the same socially and
economically disadvantaged individual or individuals that have
average annual gross receipts during the preceding 3 fiscal
years in excess of $22,410,000, as adjusted annually by the
Secretary for inflation.
(2) Socially and economically disadvantaged individual.--
The term ``socially and economically disadvantaged individual''
has the meaning given the term in section 8(d) of the Small
Business Act (15 U.S.C. 637(d)) and relevant subcontracting
regulations issued pursuant to that Act, except that women
shall be presumed to be socially and economically disadvantaged
individuals for purposes of this section.
(c) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report of the results of the nationwide disparity and availability
study.
(d) Secretarial Action.--If the Secretary finds a strong basis in
evidence demonstrating that gender or race discrimination or the
effects of such discrimination is adversely impacting the award and
administration of contracts to small disadvantaged businesses in
Federal financial assistance programs for rail transportation
administered by the Department of Transportation, the Secretary should
take appropriate and necessary action to remedy the effects of such
discrimination.
Subtitle C--Planning
SEC. 9301. NATIONAL AND REGIONAL RAIL PLANNING.
(a) In General.--Part B of subtitle V is amended by inserting the
following after chapter 225:
``CHAPTER 226--NATIONAL AND REGIONAL RAIL PLANNING
``Sec.
``22601. National rail development plan.
``22602. Regional rail development plans.
``Sec. 22601. National rail development plan
``(a) In General.--Within 1 year after the date of the enactment of
this Act, the Secretary of Transportation shall complete a National
Rail Development Plan.
``(b) Objectives.--The objectives of the National Rail Development
Plan are--
``(1) to set forth national policy involving high-
performance rail transportation, including presenting
priorities and strategies to enhance high-performance rail
transportation; and
``(2) to serve as the foundation for Regional Rail
Development Plans.
``(c) Contents.--The National Rail Development Plan shall include
the following elements:
``(1) Conditions under which Federal investments in
regional networks comprised of Core Express Corridors, Regional
Corridors, and/or Feeder Corridors are justified, to include,
at a minimum, parameters addressing the following criteria:
``(A) Population size and density.
``(B) Projected population and economic growth and
changing demographic characteristics.
``(C) Connections to local rail and bus transit and
alternative transportation options.
``(D) Economic profile of specific markets.
``(E) Congestion on existing transportation
facilities and constraints on future capacity
enhancements, in relation to efficient movement of both
goods and people.
``(F) Distances between markets.
``(G) Geographic characteristics.
``(2) Conditions under which Federal investments in freight
rail projects are justified.
``(3) A discussion of benefits and costs of potential
investments in high-performance rail that considers both user
and public benefits and costs from a network perspective, to
include factors such as potential passenger ridership or
freight tonnage changes, travel time reductions, enhanced
mobility benefits, improved reliability and resilience,
environmental benefits, economic benefits, and other public
benefits, including sensitivity analyses on these factors.
``(4) Issues related to timing and phasing for the
implementation of potential Core Express Corridors, Regional
Corridors, and Feeder Corridors.
``(5) A strategy for investments in intermodal passenger
stations that are linked to local public transportation and
non-motorized transportation options, and that connect to
residential areas, commercial areas, and other nearby
transportation facilities.
``(6) Policies and strategies for improving the
competitiveness of the Nation's freight rail industry.
``(7) Suggested performance standards for fiscal and
operational performance of new and enhanced high-performance
rail services by service type.
``(8) General description of the environmental benefits or
impacts related to the expansion of passenger and freight rail
networks, including analysis of climate change issues and
implications.
``(9) Recommendations regarding project financing,
management and implementation for corridor development, station
development, and similar projects.
``(10) Achievement of the objectives set forth in section
101 of the Rail for America Act.
``(11) Additional factors that the Secretary deems relevant
for achieving the objectives of this subsection.
``Sec. 22602. Regional rail development plans
``(a) In General.--The Secretary shall facilitate the development
of a Regional Rail Development Plans to describe a multi-State region's
plans for a comprehensive and integrated rail network, including plans
for public investment in projects that contribute towards efficient
movement and increased capacity for freight, by either Regional Rail
Development Authorities, described in chapter 289 of this title, or by
any two or more States that have entered into interstate compacts,
agreements, or organizations for the purpose of developing such a plan.
``(b) Federal Share Incentive.--A project proposal for Passenger
Corridor funding that is consistent with an adopted Regional Rail
Development Plan shall be eligible for a higher Federal share of total
project costs under the Passenger Corridors program, as described in
section 24605(b)(7)(B) of this title, provided that the Regional Rail
Development Plan meets the content and process criteria set forth in
this paragraph.
``(c) Contents and Process.--
``(1) Contents.--At a minimum, the Regional Rail
Development Plan shall contain--
``(A) a map that shows specific alignment
alternatives for the Core Express Corridors, Regional
Corridors, and Feeder Corridors that are consistent
with the criteria established in the National Rail
Development Plan and that identifies potential station
locations;
``(B) an examination of multi-modal corridors and
connections that considers the most cost-effective
means for achieving the region's transportation goals
and objectives;
``(C) a phasing plan for developing or upgrading
specific segments of the regional network;
``(D) a capital cost estimate for developing the
regional network;
``(E) an analysis of operating financial forecasts,
including high-level ridership and revenue projections;
``(F) a benefit-cost analysis for the regional
network that considers both user and public benefits
and costs from a network perspective, to include
factors such as ridership projections, travel time
reductions, enhanced mobility benefits, improved
reliability and resilience, environmental benefits,
economic benefits, and other public benefits;
``(G) an analysis of potential land use policies
and strategies for areas near high-performance rail
stations;
``(H) general description of the environmental
benefits or impacts that could result from
implementation of the Regional Rail Development Plan,
including analysis of climate change issues and
implications;
``(I) consideration of the goals, policies, and
investment priorities described in highway and transit
plans developed by States and metropolitan planning
organizations within the region;
``(J) potential non-Federal funding sources,
including a detailed consideration of anticipated
private sector participation;
``(K) a proposal for the institutional and
governance structures that will be necessary to
develop, operate, and maintain the regional network;
``(L) other project implementation considerations,
including an analysis of the readiness of specific
corridors to proceed for development as evidenced by
the completion of service development planning and
environmental analyses;
``(M) identification of plans for cost-effective,
public investment in shared-benefit projects that
contribute toward the efficient movement and increased
capacity for freight rail operations; or
``(N) evidence of support from affected States and
local jurisdictions.
``(2) Process.--At a minimum, the process for creating the
Regional Rail Development Plan shall fulfill the following:
``(A) Be led and formally adopted either--
``(i) by a Regional Rail Development
Authority, as described in chapter 289 of this
title, with the final plan being formally
adopted by the Regional Rail Development
Authority; or
``(ii) by two or more States that have
jointly engaged in the planning process, with
the final plan being formally incorporated into
the State Rail Plans, State Freight Plans, and
Statewide Transportation Improvement Plans of
each State, as applicable.
``(B) Ensure substantial opportunities for
involvement of affected stakeholders, including but not
limited to local communities, elected officials,
economic development bodies, business leaders, railroad
infrastructure owners, regional air quality planning
agencies, Amtrak, passenger rail service operators,
freight railroad operators, representatives of rail
labor, metropolitan planning organizations, governing
authorities for transit systems or airports, Tribal
governments, and the general public, including local
communities, low-income and minority populations,
people with disabilities, and older Americans.
``(C) Provide the stakeholders, including those
listed in subparagraph (B), reasonable opportunity to
comment on and participate in the development and
implementation of the Plans, particularly with regard
to subsection (c)(1)(A) and (G).
``(d) Consistency With National Rail Development Plan.--
``(1) Eligibility.--In order to be eligible for Federal
funding through the Passenger Corridor program, a Core Express
Corridor, Regional Corridor, or Feeder Corridor identified in
the Regional Rail Development Plan shall be consistent with the
parameters identified in the National Rail Development Plan.
``(2) Updates.--In the event that the Regional Rail
Development Plan is adopted prior to publication of the
National Rail Development Plan, the Regional Plan shall be
updated within 1 year of the publication of the National Plan.
``(3) Waiver.--The Secretary may waive requirements under
this subsection as necessary to accommodate unique
characteristics and situations in specific regions.
``(e) Financial Assistance.--Planning activities to create a
Regional Rail Development Plan are eligible to receive Planning grants,
as described in subsection 24605(e) of this title. The Federal share of
such a grant shall not exceed 80 percent of the total cost of the
project.''.
(b) Revisions to the United States Code.--Section 103(j) is
amended--
(1) by striking paragraphs (2) and (3); and
(2) by redesignating paragraphs (4) through (7),
respectively, as paragraphs (2) through (5).
SEC. 9302. STATE RAIL PLANS.
Chapter 227 of Part B is amended--
(1) in section 22702(b)(4), by striking ``5 years for
reapproval by the Secretary'' and inserting ``4 years for
acceptance by the Secretary''; and
(2) by striking section 22705(a)(12).
Subtitle D--Safety Improvements
SEC. 9401. REQUIREMENT FOR UNIFORM OPERATING RULES.
(a) Amendment.--Chapter 201, as amended by this Act, is further
amended by adding at the end the following new section:
``Sec. 20168. Uniform operating rules
``(a) In General.--The Secretary of Transportation may prescribe
regulations or issue orders to require in small geographic areas, as
defined by the Secretary, where two or more railroads serve as host
railroads for joint operations that occur within a small geographic
area, all such host railroads in the small geographic area shall
develop unified operating rules governing all operations within the
small geographic area with respect to the following:
``(1) signal aspects and indications, such that no aspect
represents multiple indications for any operations within the
small geographic area;
``(2) after-arrival mandatory directives, such that the use
of an after-arrival mandatory directive is prohibited for any
operations in non-signaled territory within the small
geographic area; and
``(3) forms used to convey track authority, such that track
authority for any operations within the small geographic area
is conveyed using an identical set of forms.
``(b) Construction.--Nothing in this section shall be construed to
limit the authority of the Secretary to prescribe regulations or issue
orders not authorized by this section.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201 is
amended by inserting after the item relating to section 20167 the
following:
``20168. Uniform operating rules.''.
SEC. 9402. POSITIVE TRAIN CONTROL.
(a) Implementation.--Section 20157(a) is revised to read as
follows:
``(a) Implementation.--
``(1) Where implementation required.--Each Class I railroad
carrier and each entity providing regularly scheduled intercity
or commuter rail passenger transportation shall develop and
submit to the Secretary of Transportation a plan for
implementing a positive train control system by December 31,
2015, governing operations on--
``(A) its main line over which intercity rail
passenger transportation or commuter rail passenger
transportation, as defined in section 24102, is
regularly provided;
``(B) its main line over which poison- or toxic-by-
inhalation hazardous materials, as defined in sections
171.8, 173.115, and 173.132 of title 49, Code of
Federal Regulations, are transported; and
``(C) such other tracks as the Secretary may
prescribe by regulation or order.
``(2) Interoperability and prioritization.--The plan shall
describe how the railroad carrier or other entity subject to
subsection (a)(1) will provide for interoperability of the
system with movements of trains of other railroad carriers over
its lines and shall, to the extent practical, implement the
system in a manner that addresses areas of greater risk before
areas of lesser risk. The railroad carrier or other entity
shall implement a positive train control system in accordance
with the plan.
``(3) Phased implementation.--The Secretary shall prescribe
regulations to establish an implementation schedule for
positive train control systems to ensure successful
implementation of positive train control systems.
``(4) Extension authority.--The Secretary may extend the
implementation deadline for one or more railroad carriers or
other entities set by regulations prescribed pursuant to
paragraph (1) and paragraph (3) if the Secretary determines
that--
``(A) the railroad carrier or other entity has
encountered technical programmatic challenges, as
identified by the Secretary in his 2012 report to
Congress pursuant to subsection (d), and those
challenges have negatively affected the successful
implementation of positive train control systems;
``(B) the railroad carrier or other entity has
demonstrated substantial progress in deploying positive
train control to the extent feasible;
``(C) the railroad carrier or other entity has
taken actions to mitigate risks to successful
implementation, as identified by the Secretary in his
2012 report to Congress pursuant to subsection (d); and
``(D) the railroad carrier or other entity is
proceeding to implement its plan expeditiously and
successfully.''.
(b) Provisional Operation.--Section 20157(h) is amended to read as
follows:
``(h) Certification.--
``(1) In general.--The Secretary shall not permit the
installation of any positive train control system or component
in revenue service unless the Secretary has certified that any
such system or component has been approved through the approval
process set forth in part 236 of title 49, Code of Federal
Regulations, and complies with the requirements of that part.
``(2) Provisional operation.--The Secretary may permit,
upon submission of a positive train control implementation
plan, the provisional operation of a positive train control
system or component in revenue service where the development of
the system or component has been approved by the Secretary
through the process set forth in part 236 of title 49, Code of
Federal Regulations, complies with the requirements of that
part, and complies with any conditions the Secretary may
provide for such provisional operation.''.
(c) Alternative Protection.--After subsection (i) of section 20157,
the following is inserted:
``(j) Exception for Alternative Protection.--
``(1) Notwithstanding the other provisions of this section,
a railroad may petition the Secretary to implement alternative
risk mitigation strategies on a particular a main line in place
of a positive train control system that would otherwise be
required to be installed on such line under this section if
such risk mitigation strategies incorporate alternative
technology or operating practices.
``(2) The Secretary may approve a plan to use such
alternate risk mitigation strategies under this provision on a
main line identified by a railroad carrier or other entity in a
plan submitted to the Secretary if the Secretary determines
that--
``(A) the use of the alternative strategies will
not result in a decrease in the level of safety from
that currently existing on the line;
``(B) the alternative strategies provide an
appropriate level of risk mitigation with regards to
preventing the risks identified in subsection (i)(3);
and
``(C) the alternative risk mitigation strategies
will be implemented as soon as possible.''.
(d) Spectrum.--Chapter 201, as amended by this Act, is further
amended by adding the following new section:
``Sec. 20169. Federal communications commission spectrum
``Not later than 120 days after the date of enactment of the Rail
for America Act, the Secretary of Transportation and the Chairman of
the Federal Communications Commission shall coordinate to assess
spectrum needs and availability for implementing positive train control
systems, as defined in section 20157 of this title. Such coordination
may include conversations with external stakeholders.''.
(e) Conforming Amendment.--The chapter analysis for chapter 201, as
amended by this Act, is further amended by inserting after the item
relating to section 20168 the following:
``20169. Federal Communications Commission spectrum.''.
SEC. 9403. HOURS OF SERVICE REFORM.
(a) Cessation of Effectiveness.--Chapter 211, as amended by this
Act, shall cease to be effective upon the effective date of the
regulations mandated by subsection (c) of this section.
(b) Amendment.--Upon the effective date of the regulations mandated
by subsection (c) of this section--
(1) the first sentence of section 20103(a) is amended to
read as follows:
``(1) The Secretary of Transportation, as necessary, shall
prescribe regulations and issue orders for every area of
railroad safety--
``(A) superseding the Federal hours of service laws
formerly codified at chapter 211 of this title and
regulations and orders pursuant to those laws; and
``(B) supplementing other regulations and other
laws in effect on October 16, 1970.''; and
(2) the second sentence of section 20103(a), as amended by
this Act, is designated as paragraph (2).
(c) Amendment.--Chapter 201, as amended by this Act, is further
amended by adding at the end the following new section:
``Sec. 20171. Fatigue, including hours of service
``(a) Mandate To Convert Statute to Regulations; Nonreviewability;
Cessation of Effectiveness of Chapter 211.--
``(1) The Secretary of Transportation shall prescribe
regulations embodying the substantive provisions of the Federal
hours of service laws codified at sections 21101-21106, 21108,
and 21109 of this title and in so doing may make changes
necessary to transform those provisions into regulatory form.
``(2) Notwithstanding any other provision of law, these
regulations shall not be subject to judicial review.
``(3) Upon the effective date of the regulations prescribed
under this subsection (a) (the status quo regulations), chapter
211 of this title shall cease to be effective.
``(b) Authority To Prescribe Amendments to the Status Quo
Regulations.--After the Secretary has prescribed the regulations
mandated by subsection (a) and after the regulations mandated by
subsection (a) have become effective, the Secretary may amend the
regulations as the Secretary deems necessary in accordance with the
Secretary's general authority under section 20103 of this title, to
prevent and mitigate fatigue among individuals performing safety-
critical duties in train and engine service, signal or train control
service, or dispatching service, whether or not directly employed by a
railroad carrier.
``(c) Determinations Committed to the Discretion of the
Secretary.--In the prescription of any final rule amendment by the
Secretary to the regulations mandated by subsection (a), or to the
regulations authorized by subsection (b), determinations of scientific
knowledge and literature relating to fatigue, scientific and medical
research on circadian rhythms and human sleep and rest requirements,
reasonable levels of fatigue prevention or fatigue mitigation, and
other related determinations and applications of scientific knowledge
and literature are committed to the discretion of the Secretary.''.
(d) Conforming Amendment.--The chapter analysis for chapter 201, as
amended by this Act, is further amended by inserting after the item
relating to section 20170 the following:
``20171. Fatigue, including hours of service.''.
(e) Amendment.--Effective upon the effective date of the
regulations prescribed under subsection (c) of this section, the
following new section of chapter 201, as amended by this Act, shall
become effective:
``Sec. 20172. Maximum duty hours and subjects of collective bargaining
``The number of hours that an employee may be required or allowed
to be on duty (a number formerly established by the Federal hours of
service laws, formerly codified at chapter 211 of this title, and
presently established under section 20171 of this title) is the maximum
number of hours consistent with safety. Shorter hours of service and
time on duty of an employee are proper subjects for collective
bargaining between a railroad carrier and its employees.''.
(f) Conforming Amendment.--Effective upon the effective date of
regulations prescribed under subsection (c) of this section, the
following new item in the chapter analysis for chapter 201, as amended
by this Act, shall become effective:
``20172. Maximum duty hours and subjects of collective bargaining.''.
SEC. 9404. AMENDMENTS TO THE SAFETY APPLIANCE LAW.
(a) Amendment.--Section 20303 is amended by adding at the end the
following new subsections:
``(d) Definitions and Clarification.--In subsection (a)--
``(1) `place at which the repairs can be made' means--
``(A) a location with a fixed facility for
conducting the repairs that are necessary to bring the
defective or insecure vehicle into compliance with this
chapter; or
``(B) a location where a mobile repair truck
capable of making the repairs that are necessary to
bring the defective or insecure vehicle into compliance
with this chapter makes the same kind of repair at the
location regularly (as specified in regulations
prescribed by the Secretary);
``(2) `nearest' means the closest in the forward direction
of travel for the defective or insecure vehicle; and
``(3) movement of a defective or insecure vehicle from a
location is `necessary to make repairs' of the vehicle even
though a mobile repair truck capable of making the repairs has
gone to the location on an irregular basis (as specified in
regulations prescribed by the Secretary).
``(e) Additional Conditions for Movement to Make Repairs.--The
Secretary of Transportation may impose conditions for the movement of a
defective or insecure vehicle to make repairs in addition to those
conditions set forth in subsection (a) by prescribing regulations or
issuing orders as necessary.''.
(b) Amendment.--Section 20306 is amended by--
(1) striking the word ``or'' at the end of subsection
(b)(1);
(2) striking the period at the end of subsection (b)(2) and
inserting ``; or''; and
(3) adding at the end a new subsection (b)(3) to read as
follows:
``(3) a regulation as contemplated by section 553 of title
5, United States Code.''.
SEC. 9405. AMENDMENTS TO THE LOCOMOTIVE INSPECTION LAW.
(a) Amendment.--Section 20701 is amended by--
(1) redesignating its text as subsection (a) with the
heading ``General.--'';
(2) striking the word ``and'' at the end of subsection
(a)(2);
(3) striking the period at the end of subsection (a)(3) and
inserting ``; and''; and
(4) adding at the end a new subsection (a)(4) to read as
follows:
``(4) if of a unique design or utilizing a new power source
technology, have been approved in advance by the Secretary.''.
(b) Amendment.--Section 20701, as amended by this Act, is further
amended by adding at the end the following:
``(b) Definitions.--For the purposes of subsection (a)(4), the term
`new power source technology' means a technology that employs a source
of motive power other than diesel fuel, electricity, or steam.''.
SEC. 9406. TECHNICAL AMENDMENT TO THE PROVISION ON PROTECTION OF
RAILROAD SAFETY RISK REDUCTION PROGRAM INFORMATION.
Section 20119(b) is amended to read as follows:
``(b) Authority.--Following completion of the study required under
subsection (a), the Secretary, if in the public interest, including
public safety and the legal rights of persons injured in railroad
accidents, may prescribe a rule subject to notice and comment to
address the results of the study. This rule may include provisions that
withhold from discovery or admission into evidence (in the course of
civil litigation for damages involving personal injury, wrongful death,
or property damage against a carrier) any plan, document, report,
survey, schedule, list, or data compiled or collected solely for the
purpose of developing, evaluating, planning, or implementing a railroad
safety risk reduction program required under this chapter, including a
railroad carrier's analysis of its safety risks and its statement of
the mitigation measures with which it will address those risks. Any
such rule prescribed pursuant to this subsection shall not become
effective until 1 year after its adoption.''.
SEC. 9407. NOISE EMISSION STANDARDS.
(a) In General.--Chapter 201, as amended by this Act, is further
amended by adding at the end the following:
``Sec. 20170. Noise emission standards
``The Secretary of Transportation, with the concurrence of the
Administrator of the Environmental Protection Agency, may prescribe
regulations governing railroad-related noise emission standards for
railroad carriers operating on the general railroad system of
transportation, including noise related to magnetic levitation systems.
Such regulations may consider variances in maximum pass-by noise with
respect to the speed of the equipment, account for current engineering
best practices, and encourage the use of noise mitigation techniques
only where reasonable and the benefits exceed the costs.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201, as
amended by this Act, is further amended by inserting after the item
relating to section 20169 the following:
``20170. Noise emission standards.''.
SEC. 9408. TECHNICAL AMENDMENT TO CHAPTER 201 GENERAL CIVIL PENALTY
PROVISION.
Section 21301(a)(1), as amended by this Act, is further amended by
inserting immediately before the last sentence the following: ``An act
by an individual that causes a railroad carrier to be in violation is a
violation.''.
SEC. 9409. MISCELLANEOUS AUTHORIZATION OF APPROPRIATIONS.
(a) Highway-Rail Grade Crossing Safety Study.--There are authorized
to be appropriated to the Secretary such sums as necessary to conduct a
study of railroad operations that block highway-rail grade crossings,
including the severity, frequency, and other characteristics of such
blockages, to remain available until expended. For the purpose of this
paragraph the term ``highway-rail grade crossing'' has the definition
given in section 20153(a) of title 49, United States Code.
(b) Track Electrification Study.--There are authorized to be
appropriated to the Secretary such sums as necessary to conduct a study
of track electrification and the development of standards for track
electrification, to remain available until expended.
(c) Train Length Study.--There are authorized to be appropriated to
the Secretary such sums as necessary to conduct a study of whether
train length correlates with the severity and frequency of train
derailments, to remain available until expended.
SEC. 9410. REPAIR AND REPLACEMENT OF DAMAGED TRACK INSPECTION
EQUIPMENT.
Part A of subtitle V is amended by inserting the following after
section 20120:
``Sec. 20121. Repair and replacement of damaged track inspection
equipment
``The Secretary of Transportation may receive and expend cash, or
receive and utilize spare parts and similar items, from non-United
States Government sources to repair damages to or replace United States
Government owned automated track inspection cars and equipment as a
result of third-party liability for such damages, and any amounts
collected under this section shall be credited directly to the Railroad
Safety and Operations account of the Federal Railroad Administration,
and shall remain available until expended for the repair, operation,
and maintenance of automated track inspection cars and equipment in
connection with the automated track inspection program.''.
Subtitle E--Miscellaneous Revisions and Technical Corrections
SEC. 9501. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--Section 20117(a) is amended to read as follows:
``(a) In General.--There are authorized to be appropriated to the
Secretary of Transportation to carry out this subtitle and to carry out
responsibilities under chapter 51, as delegated or authorized by the
Secretary, the following sums:
``(1) $185,250,000 for fiscal year 2015.
``(2) For fiscal year 2016 such sums as may be necessary.
``(3) For fiscal year 2017 such sums as may be necessary.
``(4) For fiscal year 2018 such sums as may be
necessary.''.
(b) Technical Corrections.--
(1) Section 20117 is amended by striking subsection (e).
(2) Section 20154 is amended by striking subsection (i).
(3) Section 20158 is amended by striking subsection (c).
(4) Section 20167 is amended by striking subsection (e).
(5) Chapter 221 is amended by striking section 22108.
(6) Section 22301 is amended by striking subsection (g).
(7) Chapter 225 is amended by striking section 22505.
(8) Chapter 241 is amended by striking section 24104.
(9) Section 24105 is amended by striking subsection (e).
(10) Chapter 244 is amended by striking section 24406.
(11) Chapter 249 is amended by striking section 24909.
(12) Section 24910 is amended by striking subsection (e).
(13) Section 26104 is amended by--
(A) striking subsection (a); and
(B) redesignating subsection (b) as (a).
(14) Section 26106 is amended by striking subsection (h).
SEC. 9502. TECHNICAL CORRECTIONS TO THE RAIL SAFETY IMPROVEMENT ACT OF
2008.
(a) Federal Railroad Administration.--Section 103(c) is amended by
striking ``the Administration shall consider the assignment and
maintenance of safety as the highest priority,'' and inserting ``the
Administration shall consider the improvement of safety as the highest
priority,''.
(b) Assistance to Families of Passengers Involved in Rail Passenger
Accidents.--Section 1139 is amended--
(1) in subsection (a)(1) by striking ``phone number'' and
inserting ``telephone number'';
(2) in subsection (a)(2) by striking ``post trauma
communication with families'' and inserting ``post-trauma
communication with families''; and
(3) in subsection (j)(2) by striking ``railroad passenger
accident'' and inserting ``rail passenger accident''.
(c) Solid Waste Rail Transfer Facilities Land-Use Exemption.--
Section 10909 is amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``Clean Railroad Act of 2008,'' and inserting
``Clean Railroads Act of 2008,''; and
(2) in subsection (e) by striking ``Upon the granting of
petition from the State'' and inserting ``Upon the granting of
a petition from the State''.
(d) Rulemaking Process.--Section 20116 is amended--
(1) by inserting ``(1)'' after ``unless''; and
(2) by inserting ``(2)'' before ``the code, rule, standard,
requirement, or practice has been subject to notice and comment
under a rule or order issued under this part.''.
(e) Enforcement Report.--Section 20120(a) is amended--
(1) in the matter preceding paragraph (1), by striking
``website'' and inserting ``Web site'';
(2) in paragraph (1), by striking ``accident and incidence
reporting'' and inserting ``accident and incident reporting'';
(3) in paragraph (2)(G), by inserting ``and'' at the end;
and
(4) in paragraph (5)(B) by striking ``Administrative
Hearing Officer or Administrative Law Judge'' and inserting
``administrative hearing officer or administrative law judge''.
(f) Railroad Safety Risk Reduction Program.--Section 20156 is
amended--
(1) in subsection (c) by inserting a comma after ``In
developing its railroad safety risk reduction program''; and
(2) in subsection (g) by inserting a comma after ``good
faith'' and by striking ``non-profit'' and inserting
``nonprofit''.
(g) Roadway User Sight Distance at Highway-Rail Grade Crossings.--
Section 20159 is amended by striking ``the Secretary'' and inserting
``the Secretary of Transportation''.
(h) National Crossing Inventory.--Section 20160 is amended--
(1) in subsection (a)(1) by striking the word ``or'' from
the phrase ``concerning each previously unreported crossing
through which it operates or with respect to the trackage over
which it operates''; and
(2) in subsection (b)(1)(A) by striking the word ``or''
from the phrase ``concerning each crossing through which it
operates or with respect to the trackage over which it
operates''.
(i) Minimum Training Standards.--Section 20162(a)(3) is amended by
striking ``railroad compliance with Federal standards'' and inserting
``railroad carrier compliance with Federal standards''.
(j) Development and Use of Rail Safety Technology.--Section
20164(a) is amended by striking ``after enactment of the Railroad
Safety Enhancement Act of 2008'' and inserting ``after the enactment of
the Rail Safety Improvement Act of 2008''.
(k) Limitations on Financial Assistance.--Section 22106(b) is
amended by striking ``interest thereof'' and inserting ``interest
thereon''.
(l) Chapter Analysis for Chapter 243.--The item for section 24316
in the chapter analysis for chapter 243 is amended by striking ``to
assist families of passengers'' and inserting ``to address needs of
families of passengers''.
SEC. 9503. TECHNICAL CORRECTION TO INTRODUCTORY TEXT OF PUBLIC LAW 110-
432.
The introductory text of Public Law 110-432 (122 Stat. 4848) is
amended by striking ``Federal Railroad Safety Administration'' and
inserting ``Federal Railroad Administration''.
SEC. 9504. TECHNICAL CORRECTIONS TO UNCODIFIED PROVISIONS OF DIVISION A
OF PUBLIC LAW 110-432, THE RAIL SAFETY IMPROVEMENT ACT OF
2008.
(a) Table of Contents.--Section 1(b) of division A of Public Law
110-432 (122 Stat. 4848), is amended--
(1) in the item for section 307, by striking ``website''
and inserting ``Web site''.
(2) in the item for title VI, by striking ``Solid Waste
Facilities'' and inserting ``Solid Waste Rail Transfer
Facilities''; and
(3) in the item for section 602, by striking ``solid waste
transfer facilities'' and inserting ``solid waste rail transfer
facilities''.
(b) Definitions.--Section 2(a)(1) of division A of Public Law 110-
432 (122 Stat. 4849) is amended by inserting a comma after the word
``grade''.
(c) Railroad Safety Strategy.--Section 102(a)(6) of title I of
division A of Public Law 110-432 (122 Stat. 4852) is amended--
(1) by striking ``Improving the safety of railroad bridges,
tunnels, and related infrastructure to prevent accidents,
incidents, injuries and fatalities caused by catastrophic
failures and other bridge and tunnel failures.''; and
(2) by inserting ``Improving the safety of railroad
bridges, tunnels, and related infrastructure to prevent
accidents, incidents, injuries and fatalities caused by
catastrophic and other failures of such infrastructure.''.
(d) Operation Lifesaver.--Section 206(a) of title II of division A
of Public Law 110-432 (122 Stat. 4873) is amended by striking ``Public
Service Announcements'' and inserting ``public service announcements''.
(e) Update of Federal Railroad Administration's Web Site.--Section
307 of title III of division A of Public Law 110-432 (122 Stat. 4881)
is amended--
(1) in the caption by striking ``website'' and inserting
``web site''; and
(2) in the text by striking ``website'' wherever it appears
and inserting ``Web site''.
(f) Alcohol and Controlled Substance Testing for Maintenance-of-Way
Employees.--Section 412 of title IV of division A of Public Law 110-432
(122 Stat. 4889) is amended by striking ``Secretary of Transportation''
and inserting ``Secretary''.
(g) Tunnel Information.--Section 414 of title IV of division A of
Public Law 110-432 is amended--
(1) by striking ``parts 171.8, 173.115,'' (122 Stat. 4889)
and inserting ``sections 171.8, 173.115,''; and
(2) by striking ``part 1520.5'' (122 Stat. 4890) and
inserting ``section 1520.5''.
(h) Safety Inspections in Mexico.--Section 416 of title IV of
division A of Public Law 110-432 (122 Stat. 4890) is amended--
(1) in the introductory text by striking ``Secretary of
Transportation'' and inserting ``Secretary''; and
(2) in paragraph (4) by striking ``subsection'' and
inserting ``section''.
(i) Heading of Title VI.--The heading of title VI of division A of
Public Law 110-432 (122 Stat. 4900) is amended by striking ``SOLID
WASTE FACILITIES'' and inserting ``SOLID WASTE RAIL TRANSFER
FACILITIES''.
(j) Caption of Section 602.--The caption of section 602 of title VI
of division A of Public Law 110-432 (122 Stat. 4900) is amended by
striking ``solid waste transfer facilities.'' and inserting ``solid
waste rail transfer facilities.''.
SEC. 9505. TECHNICAL CORRECTIONS TO PROVISIONS OF THE HOURS OF SERVICE
LAWS AND RELATED CIVIL PENALTY PROVISION.
(a) Nonapplication, Exemption, and Alternate Hours of Service
Regime.--Section 21102(c) is amended--
(1) by striking ``application of hours of service regime to
commuter and intercity passenger railroad train employees'' and
inserting ``application of hours of service regime to commuter
and intercity passenger railroad train employees, including
tourist, historic, scenic, or excursion railroad train
employees'';
(2) in paragraph (1) by inserting after ``commuter rail
passenger transportation or intercity rail passenger
transportation,'' the phrase ``including tourist, historic,
scenic, or excursion rail transportation,'' and by striking
``including public authorities operating passenger service''
and inserting ``including tourist, historic, scenic, or
excursion railroad carriers and public authorities operating
passenger service'';
(3) in paragraph (2) by inserting after ``commuter rail
passenger transportation or intercity rail passenger
transportation,'' the following phrase: ``including tourist,
historic, scenic, or excursion rail transportation,'';
(4) in paragraph (3)(A) by inserting after ``commuter rail
passenger transportation or intercity rail passenger
transportation'' a comma and adding the following phrase:
``including tourist, historic, scenic, or excursion rail
transportation,''; and
(5) in paragraph (4) by striking the colon after ``In this
subsection'' and inserting a dash and by redesignating
subparagraphs (C) and (D) as subparagraphs (B) and (C)
respectively.
(b) Limitations on Duty Hours of Train Employees.--Section 21103(e)
is amended by striking ``such railroads' efficient operations and on-
time performance of its trains.'' and inserting ``such a railroad's
efficient operations and on-time performance of its trains.''.
(c) Regulatory Authority.--Section 21109(b) is amended--
(1) by striking ``regulations governing the hours of
service of train employees of commuter and intercity passenger
railroad carriers'' and inserting ``regulations governing the
hours of service of train employees of commuter and intercity
passenger railroad carriers, including train employees of
tourist, historic, scenic, or excursion railroad carriers'';
and
(2) by inserting after ``train employees engaged in
commuter rail passenger transportation and intercity rail
passenger transportation (as defined in section 24102 of this
title)'' a comma and adding the following phrase: ``including
train employees engaged in the transportation by railroad of
passengers on tourist, historic, scenic, or excursion railroad
carriers,''.
(d) Chapter 211 Violations.--Section 21303(a)(1) is amended by
inserting after the comma in ``including section 21103 (as such section
was in effect on the day before the date of enactment of the Rail
Safety Improvement Act of 2008),'' the following phrase: ``violating
regulations or orders issued pursuant to chapter 211 of this title,''.
SEC. 9506. ELIMINATION OF CERTAIN FRA REPORTING REQUIREMENTS.
Section 102(d) of the Rail Safety Improvement Act of 2008 (49
U.S.C. 20101) is amended--
(1) by striking the heading for paragraph (1); and
(2) by striking paragraph (2).
TITLE X--MISCELLANEOUS
SEC. 10001. CONSIDERATION OF TRAVEL AND TOURISM IN AWARD OF FINANCIAL
ASSISTANCE.
Section 305 of title 49, United States Code, is amended by
inserting the following at the end:
``(c) The Secretary shall--
``(1) encourage recipients of grants under this title and
title 23 to fund projects with the grants that support travel
and tourism-based infrastructure within the United States; and
``(2) consider the potential effects of travel and tourism
within the United States among the eligibility criteria when
allocating funds for projects funded under the titles.''.
SEC. 10002. ELECTRONIC REPORTS AND REPORT MODIFICATION.
(a) Use of Electronic Media for DOT Reports.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Transportation--
(A) may not publish any report required or
authorized by law in a printed format; and
(B) shall publish any such report by posting it on
the Department's Internet Web site in an easily
accessible and downloadable electronic format.
(2) Exception.--Paragraph (1) does not apply to any report
with respect to which the Secretary determines that--
(A) its publication in a printed format is
essential to the mission of the Department of
Transportation, as determined by the Secretary; or
(B) its publication in accordance with the
requirements of paragraph (1) would disclose matter--
(i) described in section 552(b) of title 5,
United States Code; or
(ii) the disclosure of which would have an
adverse impact on safety or security, as
determined by the Secretary.
(b) Annual Reporting Requirement on NTSB Most Wanted List.--
(1) Section 1135(e)(1) of title 49, United States Code, is
amended--
(A) by striking ``On February 1 of each year'' and
inserting ``Within 120 days after publication of the
Board's annual'' most wanted list``''; and
(B) by striking ``the report due on February 1
of''.
(2) Section 1135(e)(2) of title 49, United States Code is
amended by striking ``on March 1 of each year'' and inserting
``after 30 days following the due date,''.
SEC. 10003. AMENDMENT OF FEDERAL AID IN SPORT FISH RESTORATION ACT.
Section 4 of the Federal Aid in Fish Restoration Act (16 U.S.C.
777c) is amended--
(1) in subsection (a), by striking ``fiscal year through
2014,'' and inserting ``fiscal year through 2018,''; and
(2) in subsection (b)(1)(A), by striking ``fiscal year
through 2014,'' and inserting ``fiscal year through 2018,''.
SEC. 10004. AMENDMENTS TO CHAPTER 537 OF TITLE 46.
Chapter 537 of title 46, United States Code, is amended--
(1) by amending section 53701(13) to read as follows:
``(13) Secretary.--The term `Secretary' means--
``(A) the Secretary of Commerce with respect to
fishing vessels and fishery facilities; and
``(B) the Secretary of Transportation with respect
to other vessels and general shipyard facilities (as
defined in section 53733(a) of this title).'';
(2) in section 53706(c), by striking ``Administrator'' each
place it appears and inserting ``Secretary or Administrator'';
(3) in section 53707(b), by striking ``Administrator'' and
inserting ``Secretary or Administrator'';
(4) in section 53708(a), by striking ``Administrator'' each
place it appears and inserting ``Secretary or Administrator'';
(5) in section 53710(b)--
(A) in paragraph (1), by striking
``Administrator's'' and inserting ``Secretary's or
Administrator's''; and
(B) in paragraph (2), by striking ``Administrator''
and inserting ``Secretary or Administrator'';
(6) in section 53717--
(A) in subsection (b), by striking
``Administrator'' each place it appears and inserting
``Secretary or Administrator''; and
(B) by striking subsection (c) and redesignating
subsection (d) as subsection (c);
(7) in section 53718, by striking ``Administrator'' and
inserting ``Secretary or Administrator'';
(8) in section 53731, by striking ``Administrator'' each
place it appears and inserting ``Secretary or Administrator'';
(9) in section 53732, by striking ``Administrator'' each
place it appears and inserting ``Secretary or Administrator'';
and
(10) in section 53733, by striking ``Administrator'' each
place it appears and inserting ``Secretary or Administrator''.
SEC. 10005. GOVERNMENT-WIDE AUTHORITY FOR ELECTRIC CHARGING
INFRASTRUCTURE AT NO COST TO THE TAXPAYER.
(a) Establishment of Authority for Government-Wide Provision of
Electric Charging at No Cost to the Taxpayer.--Chapter 79 of title 5,
United States Code, is amended by adding at the end the following:
``SEC. 7907. GOVERNMENT-WIDE AUTHORITY FOR ELECTRIC CHARGING
INFRASTRUCTURE.
``(a) Definitions.--
``(1) Covered individual.--The term `covered individual'
means--
``(A) any employee (as defined in section 2105 of
this title;
``(B) a member of a uniformed service;
``(C) any other individual who performs services
for or on behalf of a Federal agency under a contract
or subcontract with a Federal agency; or
``(D) a visitor to a Federal agency or facility.
``(2) Federal agency.--The term `Federal agency' has the
meaning given the term `Executive agency' in section 105 of
this title, and also includes the U.S. Postal Service, the
Executive Office of the President, the military departments as
defined in section 102 of this title, and the judicial branch.
``(b) Authority.--
``(1) In general.--The head of a Federal agency may--
``(A) construct, install, operate, and maintain
electric charging infrastructure on a reimbursable
basis in parking areas under the jurisdiction of the
Federal agency; and
``(B) provide electricity on a reimbursable basis
in parking areas under the jurisdiction of the Federal
agency for use by privately owned vehicles used by
covered individuals.
``(2) Vendors authorized.--In carrying out paragraph (1),
the head of a Federal agency may use 1 or more vendors on a
commission or no-cost contract basis.
``(3) Use of charging infrastructure for official agency
vehicles.--The head of a Federal agency may use electric
charging infrastructure installed for official agency vehicles,
to the extent that it is available, to provide electric vehicle
charging under this section.
``(4) Integration of renewable energy.--The head of a
Federal agency may encourage the inclusion of options for
generating electricity from renewable energy as part of the
design of parking areas for the agency.
``(c) Fees.--The head of a Federal agency shall charge fees for
electricity provided to covered individuals sufficient to cover the
initial and continuing costs to the head of the Federal agency of
carrying out this section, including the costs of any vendors or other
costs associated with maintaining the electric charging infrastructure.
``(d) Deposit and Availability of Fees and Commissions.--Any fees
or commissions collected by the head of a Federal agency under this
section--
``(1) shall be--
``(A) deposited monthly into the account of the
Treasury from which the amounts were made available to
carry out this section, notwithstanding section 3302(b)
of title 31; and
``(B) transferred from the Treasury to an
appropriate account of the agency if the agency
operates with a budget outside of the Treasury; and
``(2) shall be available for obligation by the head of the
Federal agency without further appropriation during--
``(A) the fiscal year collected; and
``(B) the fiscal year following the fiscal year
collected.
``(e) Parking Fees.--If a Federal agency charges covered employees
parking fees for use of a facility that contains an electric vehicle
charging facility provided under this section, employees using the
electric vehicle charging facility shall pay the same parking fee as
covered employees not using the electric vehicle charging facility.''.
(b) Conforming Amendment.--The analysis for chapter 79 of title 5,
United States Code, is amended by adding at the end the following:
``7907. Government-Wide Authority for Electric Charging
Infrastructure.''.
TITLE XI--BUDGETARY INTERPRETATIONS AND TREATMENTS
SEC. 11001. AMOUNTS IN THIS ACT.
(a) Contract Authority.--Except as provided in subsection (c), or
except as explicitly provided otherwise by this Act or in title 23,
United States Code, all funding provided by this Act is contract
authority as defined in section 3(2)(A)(iii) of the Congressional
Budget and Impoundment Act of 1974 (2 U.S.C. 622(2)(A)(iii)), and all
such contract authority shall become available for obligation in the
fiscal year specified in this Act and shall remain available until
expended.
(b) Obligation Limits.--
(1) In general.--Except as explicitly provided, obligation
limits established by this Act shall apply for a term of one
year and shall apply to obligations to be incurred in the
fiscal year specified. Notwithstanding any other provision of
law, obligation limits established by this Act shall not apply
after 2018.
(2) Exceptions.--
(A) Except as provided in this Act, obligation
limits established by this Act shall apply to
unobligated contract authority from the Highway Trust
Fund (other than the Mass Transit Account) prior to the
date of enactment of this Act.
(B) Obligation limitations established by this Act
shall not apply to--
(i) unobligated contract authority provided
by this Act that could have been obligated in a
prior year within any obligation limits
applicable to that prior year or was exempt
from such limitations, but was not so
obligated;
(ii) the use of fees authorized or provided
by this Act as described in subsection (d); and
(iii) reimbursable programs undertaken by
accounts established in this Act on behalf of
discretionary accounts.
(3) Obligation limits in appropriations acts.--
(A) During any session of Congress, appropriations
Acts may increase or decrease any obligation limit
established by this Act for any current year or budget
year prior to fiscal year 2019.
(B) During any session of Congress, it shall not be
in order in either the House of Representatives or the
Senate for any appropriations Act to alter obligation
limits under this Act for any outyear.
(C) This paragraph is enacted by the Congress--
(i) as an exercise of the rulemaking power
of the House of Representatives and the Senate,
respectively, and as such is deemed a part of
the rules of each House, respectively, and such
procedures supersede other rules only to the
extent that they are inconsistent therewith;
and
(ii) with full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedure
of that House) at any time, in the same manner
and to the same extent as in the case of any
other rule of that House.
(c) Liquidating Cash.--There is authorized to be appropriated such
sums as may be necessary for the liquidation of obligations incurred
under contract authority created by this Act or under contract
authority provided from the Highway Trust Fund as it existed in any
version at any time prior to the effective date of this Act.
(d) Administrative Fees.--The collection and expenditure of fees to
cover certain administrative costs under this Act for a fiscal year, if
subject to annual appropriations, shall be treated as discretionary
offsetting collections and discretionary appropriations, respectively.
The collection and expenditure of fees to cover certain administrative
costs under this Act for a fiscal year, if not subject to annual
appropriations, shall be treated as mandatory offsetting collections
and mandatory appropriations, respectively.
SEC. 11002. DIRECT OR MANDATORY SPENDING.
(a) New Contract Authority; Outlays.--The contract authority
created by this Act and the outlays flowing from that contract
authority shall be treated as direct spending or mandatory spending for
all purposes.
(b) Prior Funding of the Highway Trust Fund.--To the extent that
contract authority from the Highway Trust Fund enacted prior to the
date of the enactment of this Act produces outlays in fiscal year 2015
or beyond, as of October 1, 2014, those outlays shall be treated as
direct spending or mandatory spending for all purposes and shall be
attributed to the Transportation Trust Fund.
SEC. 11003. TREATMENT FOR STATUTORY PAYGO AND RELATED PURPOSES.
(a) General Rule.--Except as provided in subsection (b), and
consistent with the definition of direct spending in section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended (2 U.S.C. 900(c)(8)), the following shall be treated as direct
spending for purposes of Presidential and Congressional budgets and the
Statutory Pay-As-You-Go Act of 2010 (124 Stat. 8):
(1) Contract authority of the Transportation Trust Fund
under this Act, the outlays flowing therefrom, and the outlays
flowing from contract authority previously provided from the
Highway Trust Fund.
(2) Except as provided in section 11004, 11005, and 11006
of this title, legislation reauthorizing or amending this Act.
(b) Transitional Rule; Excess Revenues Are Dedicated to Deficit
Reduction.--For purposes of Presidential and Congressional budgets and
the Statutory Pay-As-You-Go Act of 2010 (124 Stat. 8), calculations of
the budgetary effects of this Act when it is initially enacted shall be
as follows:
(1) The baseline projections of total outlays for the
Highway Trust Fund and of new outlays for the general fund
accounts listed in paragraph (2) shall be treated as offsets to
the total level of mandatory outlays of the Transportation
Trust Fund resulting from this Act.
(A) For this purpose, ``new outlays'' means outlays
that flow from contract authority provided by this Act.
(B) For this purpose, the budgetary resources to
which the baseline projection shall apply are--
(i) the discretionary budget authority
provided for fiscal year 2014, for the accounts
listed in paragraph (2); and
(ii) the obligation limits for fiscal year
2014 applicable to the Highway Trust Fund, and
shall be projected under section 257(c) of the
Balanced Budget and Emergency Deficit Control
Act of 1985, as amended (2 U.S.C. 907(c)),
except that contract authority of the Highway
Trust Fund not subject to those obligation
limits shall be projected under section 257(b)
of that Act.
(2) The general fund programs referred to in paragraph (1)
are--
(A) the general fund portion of National Highway
Traffic Safety Administration, Operations and Research
(69X0650).
(B) Federal Transit Administration, Administrative
Expenses (69 1120).
(C) Federal Transit Administration, Capital
Investment Grants (69X1134).
(D) Federal Transit Administration, Research and
University Research Centers (69X1137).
(E) Federal Transit Administration, Technical
Assistance and Standards Development (69X1142).
(F) Federal Railroad Administration, Operating
Subsidy Grants to the National Railroad Passenger
Corporation (69X0121).
(G) Federal Railroad Administration, Capital and
Debt Service Grants to the National Railroad Passenger
Corporation (69X0125).
(H) National Infrastructure Investments (69X0143).
(3) If the increase in net governmental receipts under this
Act, relative to current law, exceeds the increase in mandatory
outlays under this Act as measured under paragraph (1) for
either or both of the periods covered by the five-year
scorecard and the ten-year scorecard established by the
Statutory Pay-As-You-Go Act of 2010 (124 Stat. 8), the amounts
of that excess in net governmental receipts shall not be
recorded on those respective scorecards, with the result that
this Act shall not be shown as reducing Pay-As-You-Go deficits
or increasing Pay-As-You-Go surpluses.
SEC. 11004. SCORING OF CHANGES IN CONTRACT AUTHORITY IN APPROPRIATIONS
ACTS.
Consistent with scorekeeping guidelines in effect from 1990 through
the enactment of this Act, changes enacted in annual appropriations
Acts during a session of Congress to the level of contract authority
provided by this Act shall be scored as discretionary to the extent
they increase or decrease contract authority in the current year or the
budget year, and shall be scored as mandatory or direct spending to the
extent they increase or decrease contract authority in an outyear. To
the extent any such change in contract authority produces changes in
estimated outlays in any year, that change in outlays shall be scored
as discretionary if it is generated by a change in contract authority
that is scored as discretionary, and shall be scored as mandatory if it
is generated by a change in contract authority that is scored as
mandatory.
SEC. 11005. SCORING OF CHANGES IN OBLIGATION LIMITS IN APPROPRIATIONS
ACTS.
[Determine in consultation with Congress.]
SEC. 11006. SCORING OF TRANSFERS BETWEEN THE GENERAL FUND AND THE
TRANSPORTATION TRUST FUND.
[Determine in consultation with Congress.]
SEC. 11007. SPECIAL RULE.
(a) In General.--On September 30, 2018, the Secretary shall
permanently cancel, and return such amounts to the Treasury, the
contract authority described in subsection (b).
(b) Referenced Contract Authority.--The contract authority
referenced in subsection (a) are those amounts apportioned under the
Federal Aid Highway program that are available to each State for fiscal
years 2015 through 2018, that are in excess of contract authority
provided for fiscal years 2015 through 2018 by section 2001 of this
Act.
(c) Cancellation Method.--When implementing subsection (a), the
cancellation shall be taken from unobligated balances that remain from
contract authority enacted before the enactment of this Act.
(d) Limited Applicability.--This section shall not apply to
contract authority provided by [this Act] or prior acts that is exempt
from obligation limitations.
<all>
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Ways and Means, Science, Space, and Technology, Natural Resources, Oversight and Government Reform, the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Ways and Means, Science, Space, and Technology, Natural Resources, Oversight and Government Reform, the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Ways and Means, Science, Space, and Technology, Natural Resources, Oversight and Government Reform, the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Ways and Means, Science, Space, and Technology, Natural Resources, Oversight and Government Reform, the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Ways and Means, Science, Space, and Technology, Natural Resources, Oversight and Government Reform, the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Ways and Means, Science, Space, and Technology, Natural Resources, Oversight and Government Reform, the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Ways and Means, Science, Space, and Technology, Natural Resources, Oversight and Government Reform, the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Ways and Means, Science, Space, and Technology, Natural Resources, Oversight and Government Reform, the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Aviation.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Highways and Transit.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
Referred to the Subcommittee on Public Lands and Environmental Regulation.
Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs.
Referred to the Subcommittee Indian and Alaska Native Affairs.
Referred to the Subcommittee on Water and Power.
Referred to the Subcommittee on Research and Technology.